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State of Iowa
v.
Gary Lee Manning
Appellee
State of Iowa
Appellant
Gary Lee Manning
Attorney for the Appellee
Sharon K. Hall, 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 Lee (North) County, Michael J. Schilling, Judge. SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Considered by Doyle, P.J., and Tabor and Schumacher, JJ. Opinion by Doyle, P.J. (6 pages)
Gary Manning appeals the sentences imposed after pleading guilty to three counts of third-degree burglary. OPINION HOLDS: I. The district court did not consider an improper factor in sentencing Manning by noting that his “entire family” was involved in a criminal enterprise. The presentence investigation report noted that Manning’s wife and two sons were also charged for their involvement in the burglaries, and Manning did not object to that portion of the report. And nothing in the record suggests the court believed that any other family members were involved. II. Because the plea agreement is silent regarding victim restitution for the dismissed charges, the district court erred in assessing Manning victim restitution for those charges.
