State of Iowa, Appellee v. Charles Raymond Albright, Appellant.

Summary

The court affirmed Albright’s convictions, holding that substantial evidence supported the confinement and torture elements of first-degree kidnapping and that submission of second-degree kidnapping as a lesser-included offense caused no prejudice because the jury convicted him of the greater offense. The court declined to reach his claims concerning admission of other-acts evidence on direct appeal because the record did not reveal counsel’s strategy. It vacated the restitution portion of the sentencing order because the district court ordered ability-to-pay restitution without first determining the amounts of the restitution items and the defendant’s reasonable ability to pay them.