State v. Dessinger
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The Supreme Court affirmed Defendant's conviction for child endangerment and remanded the case to the district court for resentencing, holding that the court of appeals properly vacated the restitution portion of the sentencing order due to the court's failure to make a proper reasonable-ability-to-pay determination regarding Defendant's restitution costs.
The court of appeals affirmed Defendant's conviction but vacated the restitution portion of Defendant's sentence. The Supreme Court affirmed, holding (1) certain challenged statements fell under the excited utterance exception to the rule against hearsay; (2) Defendant's argument that her Confrontation Clause rights were violated by the admission of certain evidence was not preserved; and (3) the proper resolution of Defendant's appeal of the restitution order was to remand the case to the district court with instructions to allow Defendant to follow the procedures required by Iowa Code 910.2A and then to hold a hearing under section 910.7 on the remaining restitution issues in this case.
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