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Case No. 19-1887

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

State of Iowa
v.
Aviana Eshante Smith

Appellee

State of Iowa

Appellant

Aviana Eshante Smith

Attorney for the Appellee

Linda J. Hines, Assistant Attorney General

Attorney for the Appellant

Stephan J. Japuntich, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1887
Date Published:
Jun 16, 2021
Summary

            Appeal from the Iowa District Court for Black Hawk County, Andrea Dryer, Judge. AFFIRMED IN PART AND REMANDED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J. (10 pages)

            Aviana Smith appeals her sentences following entrance of guilty pleas for possession of methamphetamine with intent to deliver; possession of marijuana with intent to deliver; and failure to affix a drug tax stamp.  Smith also appeals her court-ordered restitution obligation.  OPINION HOLDS: Because we find abuse of discretion, we affirm Smith’s sentence.  We are precluded from hearing Smith’s appeal of the restitution order by Iowa Code section 910.2A (2021); Smith must follow the statutory procedure and exhausts her remedies before the district court.  Thus, we remand to the district court with instructions to allow Smith to follow the procedures required by section 910.2A.

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