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State of Iowa
v.
George McKenery
Appellee
State of Iowa
Appellant
George McKenery
Attorney for the Appellee
Martha E. Trout, Assistant Attorney General
Attorney for the Appellant
Matthew R. Metzgar
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, John C. Nelson, District Associate Judge. CONVICTION AFFIRMED; SENTENCING ORDER VACATED AND REMANDED WITH INSTRUCTIONS. Considered by Doyle, P.J., and Mullins and Greer, JJ. Opinion by Mullins, J. (5 pages)
George McKenery appeals his conviction, following a guilty plea, of possession of a controlled substance and the restitution provisions of the sentencing order. OPINION HOLDS: We affirm McKenery’s conviction, finding his plea was supported by a factual basis and counsel was not ineffective for allowing him to plead guilty and waive his right to file a motion in arrest of judgment. Because not all items of second-category restitution were before the court and no final restitution order was in place, the purportedly enforceable orders for restitution for correctional fees and attorney fees were improper. We vacate the sentencing order and remand for entry of a corrected sentencing order and further proceedings.