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Case No. 19-0371

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

State of Iowa
v.
George McKenery

Appellee

State of Iowa

Appellant

George McKenery

Attorneys for Appellee

Martha E. Trout, Assistant Attorney General

Attorneys for Appellant

Matthew R. Metzgar

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0371
Date Published:
Sep 23, 2020
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.

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