State of Iowa
v.
Dale Robert Tournier
Dale Robert Tournier seeks further review from a court of appeals opinion that determined the trial court did not abuse its discretion in denying his motion for a new trial. The court of appeals additionally vacated the portion of his sentence imposing an obligation to pay the jail fees and remanded for a determination of his ability to pay a specified amount.
Resister
State of Iowa
Applicant
Dale Robert Tournier
Attorney for the Resister
Louis S. Sloven
Attorney for the Applicant
Brenda J. Gohr
Supreme Court
Oral Argument Schedule
Non-Oral
Apr 09, 2019 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Bremer County, Christopher C. Foy, Judge. CONVICTION AFFIRMED; SENTENCE AFFIRMED IN PART AND VACATED IN PART AND REMANDED. Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ. Opinion by Vaitheswaran, P.J. (6 pages)
Dale Robert Tournier appeals his conviction and sentence for second degree sex abuse of a child under twelve, raising claims of district court abuse of discretion and fee imposition error. OPINION HOLDS: We discern no abuse of discretion in the district court’s denial of a new trial and refusal to vacate the judgment and take new testimony. We conclude the court’s failure to specify the amount of the jail fee was an abuse of discretion. We vacate the portion of the sentence imposing an obligation to pay the jail fees and remand for a determination of Tournier’s ability to pay a specified amount. We affirm the balance of the sentence.