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State of Iowa
v.
Bryan Giovanni Bejarano Moreno
Appellee
State of Iowa
Appellant
Bryan Giovanni Bejarano Moreno
Attorney for the Appellee
Richard Bennett, Assistant Attorney General
Attorney for the Appellant
Martha J. Lucey, State Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Muscatine County, Stuart P. Werling and Patrick A. McElyea, Judges. CONVICTIONS AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED. Considered by Vaitheswaran, P.J., Mullins, J., and Gamble, S.J. Opinion by Gamble, S.J. (9 pages)
Bryan Bejarano Moreno appeals his following his conviction and sentence for first-degree burglary. He claims counsel was ineffective and the district court erred in awarding restitution without determining his ability to pay and requiring him to request an ability-to-pay hearing with respect to his appellate attorney fees. OPINION HOLDS: Counsel was not ineffective. The district court erred in ordering category-two restitution without making an ability-to-pay determination. The district court erred in including language in the sentencing order that requires a defendant request an ability-to-pay hearing with respect to appellate attorney fees.