State v. Mosley
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The Supreme Court affirmed in part and vacated in part the decision of the court of appeals affirming Defendant's conviction and the district court order requiring Defendant to pay restitution for court costs and attorney fees, holding that the part of the sentencing order regarding restitution must be vacated and remanded for resentencing consistent with this Court's decision in State v. Albright, __ N.W.2d __ (Iowa 2019).
The court of appeals affirmed Defendant's conviction for first-degree burglary and assault causing bodily injury but remanded the case for resentencing because it found the assault causing bodily injury conviction merged with the first-degree burglary conviction. The court of appeals also affirmed the part of the sentencing order requiring Defendant to pay restitution for court costs and attorney fees. The Supreme Court let the court of appeals' decision stand as the Court's final decision regarding all of Defendant's claims except Defendant's claim that the district court erred in ordering him to pay restitution without first determining his reasonable ability to pay these items of restitution. The Supreme Court vacated the restitution portion of Defendant's sentence, holding that because the district court did not have the benefit of the procedures outlined in Albright when it entered its restitution order, remand was required.
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