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State of Iowa
v.
Michael Wedgwood
Appellee
State of Iowa
Appellant
Michael Wedgwood
Attorney for the Appellee
Bridget A. Chambers, Assistant Attorney General
Attorney for the Appellant
Mary K. Conroy, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Joel E. Dalrymple, Judge. CONVICTIONS AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED. Considered by Vaitheswaran, P.J., Ahlers, J., and Vogel, S.J. Opinion by Vogel, S.J. (8 pages)
Michael Wedgwood appeals his conviction and sentence for assault on a peace officer and interference with official acts resulting in bodily injury. OPINION HOLDS: The district court did not err in submitting jury instructions without language on justification because the record contains no basis to conclude Michael used reasonable force in response to the officers’ actions. However, the court did not evaluate Michael’s reasonable ability to pay before ordering restitution. We affirm his convictions, vacate the restitution order, and remand for resentencing.
