Case No. 18-0721

State of Iowa
v.
Dion Jeremiah Banks

Appellee

State of Iowa

Appellant

Dion Jeremiah Banks

Attorney for the Appellee

Timothy M. Hau, Assistant Attorney General

Attorney for the Appellant

Mary K. Conroy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Summary

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea and Mark J. Smith, Judges.  CONVICTIONS AFFIRMED, SENTENCES VACATED IN PART, AND REMANDED.  Considered by Tabor, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.. (14 pages)

            Dion Banks challenges his convictions and sentences following a bench trial.  Banks maintains the district court applied the incorrect standard when deciding his motion for new trial based on the weight of the evidence, considered improper factors when deciding his sentence, and wrongly ordered him to pay any appellate attorney fees he incurred in the future (without the benefit of a hearing on his reasonable ability to pay).  Additionally, in his supplemental pro se brief, Banks raises a number of other issues.  OPINION HOLDS: The district court did not apply the wrong standard in deciding Banks’ motion for new trial, and it did not abuse its discretion in denying the motion.  Banks has not established the court relied on improper factors when deciding his sentence, so we find no abuse of discretion there either.  However, the court erred in ordering Banks to pay any fees incurred for his appointed public appellate attorney unless he affirmatively requests a hearing on his reasonable ability to pay, so we vacate that portion of the sentencing order and remand for the entry of a corrected sentencing order.  We are unable to reach the merits of any of Banks’ pro se claims.