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Case No. 18-0524

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

State of Iowa
v.
Eduard Nickolas Lester

Appellee

State of Iowa

Appellant

Eduard Nickolas Lester

Attorneys for Appellee

Louis S. Sloven, Assistant Attorney General

Attorneys for Appellant

Martha J. Lucey and Brenda J. Gohr, Assistant Appellate Defenders

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0524
Date Published:
Jul 03, 2019
Summary

            Appeal from the Iowa District Court for Story County, Adria A.D. Kester, Judge.  SENTENCES VACATED IN PART.  REMANDED FOR RESENTENCING.  Considered by Doyle, P.J., May, J., and Carr, S.J.  Opinion by Carr, S.J.  (7 pages)

            Eduard Lester appeals his sentences for two counts of robbery in the second degree and two counts of burglary in the first degree.  He appeals the provisions of his sentences that impose: fines for his robbery charges without suspending the fines, consecutive sentences, court costs and attorney fees, and law enforcement initiative surcharges.  OPINION HOLDS: We find the court did not abuse its discretion in imposing the fines or in running his sentences consecutively.  However, the court erred in imposing costs and fees without evaluating his reasonable ability to pay and in imposing law enforcement initiative surcharges for his robbery charges without statutory authorization.  Therefore, we vacate his sentences in part and remand for resentencing.

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