STATE v. LESSNER

No. 00-392.

626 N.W.2d 869 (2001)

STATE of Iowa, Plaintiff-Appellee, v. Nicolas Adam LESSNER, Defendant-Appellant.

Court of Appeals of Iowa.

March 14, 2001.


Attorney(s) appearing for the Case

Steven E. Ort of Bell, Ort & Cornell, P.C., New London, for appellant.

Thomas J. Miller, Attorney General, Linda J. Hines, Assistant Attorney General, and Michael A. Riepe, County Attorney, for appellee.

Considered by SACKETT, C.J., and ZIMMER and MILLER, JJ.


SACKETT, C.J.

The question raised in this appeal is whether the district court retains jurisdiction to conduct a hearing on restitution defendant allegedly owed a crime victim while the defendant's appeal of the criminal case is pending. We determine under the facts of this case the district court erred in finding it was without jurisdiction to hold a hearing on restitution while the criminal appeal was pending. We reverse and remand to the district court.

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