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Case No. 18-1758

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

State of Iowa
v.
Kurtis Michael Green

Appellee

State of Iowa

Appellant

Kurtis Michael Green

Attorneys for Appellee

Louis S. Sloven, Assistant Attorney General

Attorneys for Appellant

Martha J. Lucey, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1758
Date Published:
Apr 01, 2020
Summary

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, District Associate Judge.  CONVICTION AFFIRMED; SENTENCE VACATED IN PART AND REMANDED.  Heard by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J. (10 pages)          

            Kurtis Green appeals his conviction of domestic abuse assault by strangulation causing bodily injury and part of the sentence imposed.  He argues his counsel rendered ineffective assistance in failing to adequately challenge the sufficiency of the evidence to support his conviction.  He also argues his counsel was ineffective in failing to object to certain evidence as in violation of his right to confrontation.  Finally, he argues the court erred in ordering him to pay court costs as restitution.  OPINION HOLDS: We find Green’s conviction is supported by substantial evidence and counsel was therefore not ineffective in failing to properly challenge the sufficiency of the evidence.  We preserve for postconviction relief Green’s claim counsel was ineffective in failing to object to certain evidence as in violation of his right to confrontation.  We thus affirm Green’s conviction.  However, we find the district court did not follow the proper procedures for the ordering of restitution.  We therefore vacate the challenged sentencing provision and remand the matter to the district court for completion of a restitution plan and a determination of Green’s reasonable ability to pay. 

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