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State of Iowa
State of Iowa
Attorneys for Appellee
Israel Kodiaga, Assistant Attorney General
Attorneys for Appellant
Lauren M. Phelps
Court of Appeals
Court of Appeals Opinion
Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge. CONVICTIONS AFFIRMED; SENTENCE VACATED IN PART AND REMANDED. Considered by Tabor, P.J., and May and Greer, JJ. Opinion by Greer, J. (28 pages)
Tristin Alderman appeals from his convictions of first-degree murder, first-degree robbery, and conspiracy to commit first-degree burglary. Alderman (1) maintains the trial court abused its discretion in twice granting the motion to continue of Alderman’s co-defendant; (2) contests several evidentiary rulings of the court; (3) challenges the sufficiency of the evidence supporting his convictions; (4) argues the court impermissibly sentenced him to consecutive terms of incarceration and considered improper factors when doing so; and (5) challenges the portion of the court’s sentencing order requiring Alderman to pay attorney fees and court costs as part of restitution. OPINION HOLDS: Finding no reversible error, we affirm Alderman’s convictions. We vacate the portions of the sentencing order requiring Alderman to pay court costs and attorney fees and remand for determination of Alderman’s reasonable ability to pay, but we otherwise affirm Alderman’s sentences.