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State of Iowa
v.
David Lee Levy Jr.
Appellee
State of Iowa
Appellant
David Lee Levy Jr.
Attorney for the Appellee
Martha J. Lucey, Assistant Attorney General
Attorney for the Appellant
Sharon K. Hall, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge. SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Considered by Potterfield, P.J., and Doyle and May, JJ. Opinion by Doyle, J. (4 pages)
David Levy Jr. appeals the sentence imposed following his conviction of assault on a jailer causing bodily injury. OPINION HOLDS: I. The district court did not abuse its discretion in ordering Levy’s sentence run consecutive to his sentence in another case. II. In accordance with State v. Albright, 925 N.W.2d 144, 158-61 (Iowa 2019), we vacate the portion of the sentencing order assessing costs of the action, surcharges, and fees to Levy pending completion of a final restitution order and assessment of Levy’s reasonable ability to pay. III. We also vacate the portion of the sentencing order requiring Levy to request a hearing on his reasonable ability to pay appellate attorney fees or be assessed the full amount and remand for entry of a corrected order.
