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State v. Siemer

Court of Appeal of Iowa

October 2, 2013

STATE OF IOWA, Plaintiff-Appellee,
v.
RICHARD JOHN SIEMER JR., Defendant-Appellant.

Appeal from the Iowa District Court for Pottawattamie County, James M. Richardson, Judge.

Siemer appeals from the district court order requiring him to reimburse the county sheriff for room and board expenses incurred while in jail.

Sara E. Benson of Rouwenhorst & Rouwenhorst, P.C., Council Bluffs, for appellant.

Richard Siemer Jr., Fort Dodge, appellant pro se.

Thomas J. Miller, Attorney General, Martha E. Trout, Assistant Attorney General, Matthew D. Wilber, County Attorney, and Dan McGinn, Assistant County Attorney, for appellee.

Considered by Mullins, P.J., Bower, J., and Miller, S.J.[*]

PER CURIAM.

After receiving a letter from the Pottawattamie County Sheriff claiming he owed $2150 in room and board fees from his jail stay, Richard Siemer Jr. asked the district court to "dismiss" the charges—even though neither the county sheriff nor the county attorney had filed a reimbursement claim with the clerk of court as provided in Iowa Code section 356.7(2) (2011). The district court overruled the motion and ordered Siemer to reimburse the county sheriff $2150 for room and board. Siemer challenges the order on appeal.

Because there was no reimbursement claim submitted to the clerk of court, both Siemer's motion and the court's ruling on the motion were premature. Accordingly, we reverse the order requiring Siemer to reimburse the county sheriff for his room and board.

I. Background Facts and Proceedings.

In 2011, Siemer was arrested and charged with various offenses. He pleaded guilty to a class "C" felony, a class "D" felony, and an aggravated misdemeanor, and was sentenced in July 2011. It is undisputed he spent time in the Pottawattamie County jail before pleading guilty and being sentenced.

The sentencing order imposes incarceration and orders Siemer to pay court costs and his court-appointed-attorney fees. It also requires Siemer "to enter into a plan of restitution for the victim of this offense as substantiated." The order does not include a plan of restitution.[1]

While serving his prison sentence, Siemer purportedly received a letter from the Pottawattamie County jail informing him he owed $2150 for room and board. There is nothing in the record to indicate the Pottawattamie County Sheriff or Pottawattamie County Attorney ever filed a restitution claim with the clerk of court seeking reimbursement for the room and board charges. Nevertheless, Siemer filed a "Motion to Dismiss Room and Board Charges From Pottawattamie County Jail" challenging the county sheriff's right to reimbursement for room and board. The record does not contain a written resistance.

Following a hearing, the district court entered an order overruling Siemer's motion, finding the county sheriff could be reimbursed for room and board expenses. It then ordered Siemer to reimburse the county sheriff $2150 ...


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