State of Iowa
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.
State of Iowa
Attorney for the Appellee
Linda J. Hines, Assistant Attorney General
Attorney for the Appellant
Shellie L. Knipfer, Assistant Appellate Defender
Oral Argument Schedule
Nov 19, 2019 1:00 PM
Supreme Court Opinion
Court of Appeals
Court of Appeals Opinion
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.