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Case No. 19-0074

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

State of Iowa
v.
Shawnette Carmale Courts

Appellee

State of Iowa

Appellant

Shawnette Carmale Courts

Attorneys for Appellee

Kyle Hanson, Assistant Attorney General

Attorneys for Appellant

Theresa R. Wilson, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0074
Date Published:
Apr 01, 2020
Summary

            Appeal from the Iowa District Court for Woodbury County, John C. Nelson, District Associate Judge.  CONVICTION AFFIRMED; SENTENCE VACATED IN PART AND REMANDED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Greer, J. (8 pages)

Shawnette Courts appeals her conviction and sentence for operating while intoxicated, second offense, following a bench trial on the stipulated evidence.  Courts maintains the district court abused its discretion in finding there was not good cause to extend the deadline to allow her to file a motion to suppress more than seventy-five days after the deadline and argues the court’s order of restitution violates the procedure outlined in State v. Albright, 925 N.W.2d 144, 162 (Iowa 2019).  OPINION HOLDS: The district court did not abuse its discretion in refusing to find good cause for delay some seventy-five days after the deadline for a motion to suppress had passed.  However, we vacate the portion of the sentencing order involving restitution for court costs and correctional fees and remand to the district court for further proceedings consistent with Albright

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