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Case No. 18-1877

State of Iowa
v.
Dairramey Moore

Appellant seeks further review after the court of appeals affirmed his convictions for intimidation with a dangerous weapon with intent and reckless use of a firearm, and affirmed the sentence regarding intimidation with a dangerous weapon.

County:
Clinton
Trial Court Case No.:
FECR075580

Appellee

State of Iowa

Appellant

Dairramey Moore

Attorneys for Appellee

Linda J. Hines, Assistant Attorney General

Attorneys for Appellant

Shellie L. Knipfer, Assistant Appellate Defender

Supreme Court

Oral Argument Schedule

Non-Oral

Nov 19, 2019 1:00 PM

Briefs

Supreme Court Opinion

Opinion Number:
18-1877
Date Published:
Dec 13, 2019

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1877
Date Published:
Sep 11, 2019
Summary

            Appeal from the Iowa District Court for Clinton County, Patrick A. McElyea and Mary E. Howes, Judges.  CONVICTIONS AFFIRMED; SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Mullins, J. (12 pages)

            Dairramey Moore appeals his convictions of intimidation with a dangerous weapon with intent and reckless use of a firearm.  Moore argues (1) the evidence was insufficient to support his convictions; (2) the court failed to exercise its discretion in imposing sentence; and (3) the district court improperly ordered him to pay attorney fees, court costs, and correctional fees as restitution without first determining his reasonable ability to pay the same.  OPINION HOLDS: We affirm Moore’s convictions and the sentence imposed on count one.  We vacate the restitution provisions of the sentencing order and remand the matter to the district court for receipt of a final restitution plan and a determination of Moore’s reasonable ability to pay.

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