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STATE v. ASHBURN

No. 94-877.

534 N.W.2d 106 (1995)

STATE of Iowa, Appellee, v. Jerry Dean ASHBURN, Appellant.

Supreme Court of Iowa.

July 19, 1995.

Attorney(s) appearing for the Case

Kent A. Simmons, Davenport, for appellant.

Thomas J. Miller, Atty. Gen., Thomas S. Tauber and Suzie A. Berregaard Thomas, Asst. Attys. Gen., and William E. Davis, County Atty., for appellee.

Considered by HARRIS, P.J., and LAVORATO, SNELL, ANDREASEN, and TERNUS, JJ.

PER CURIAM.

Defendant Jerry Dean Ashburn (Ashburn) appeals the district court's order denying his motion for summary judgment on his petition to modify the plan of restitution and granting summary judgment in favor of the State. We find the State was required to provide Ashburn with an opportunity to object prior to deducting funds deposited by outside sources from his prison account for restitution. Therefore we reverse the district court judgment.

I.

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