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Case No. 18-0269

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Jeremy James Davolt

Appellee

State of Iowa

Appellant

Jeremy James Davolt

Attorneys for Appellee

Tyler J. Buller, Assistant Attorney General

Attorneys for Appellant

Vidhya K. Reddy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0269
Date Published:
Oct 09, 2019
Summary

            Appeal from the Iowa District Court for Lee (South) County, John M. Wright and Mary Ann Brown, Judges.  SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J. (4 pages)

            Jeremy Davolt challenges the district court’s use of the sentencing recommendation of the department of corrections in the presentence investigation (PSI) report and the order to reimburse correctional fees when Davolt does not have a reasonable ability to pay the fees.  OPINION HOLDS: We find the district court did not abuse its discretion in considering the PSI report recommendation during sentencing, and we vacate the restitution order and remand for a determination of Davolt’s reasonable ability to pay.

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