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Case No. 22-0842

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

State of Iowa
v.
Booker Deon McKinney

County:
Linn

Appellee

State of Iowa

Appellant

Booker Deon McKinney

Attorney for the Appellee

Thomas J. Ogden, Assistant Attorney General

Attorney for the Appellant

Fred Stiefel

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0842
Date Published:
Aug 09, 2023
Summary

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Carr, S.J.  Opinion by Ahlers, P.J.  (4 pages)

            Booker McKinney appeals his sentence and restitution obligations following his guilty plea.  OPINION HOLDS: The district court provided adequate reasoning for selecting the sentence imposed.  Because McKinney failed to request an ability-to-pay determination and file the required financial affidavit prior to sentencing, he waived his challenge to the court’s determination that he could pay category “B” restitution.  To the extent he wishes to challenge the court’s subsequent ruling that he had the ability to pay restitution following an Iowa Code section 910.7 (2022) hearing, we are without jurisdiction because McKinney has not filed anything following that ruling indicating he is seeking review of that determination.

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