from the Iowa District Court for Howard County, James C.
defendant appeals the restitution provisions in the district
court's sentencing order. APPEAL DISMISSED.
C. Smith, State Appellate Defender, and Stephan J. Japuntich,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Martha E. Trout, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Doyle and Tabor, JJ.
William Colvin Jr. pleaded guilty to sexually abusing a
fourteen-year-old member of his household. On appeal, he
challenges the restitution ordered by the court. Colvin
requests a remand to correct the order and to hold a hearing
on his ability to pay restitution. Because Colvin's
issues are moot, we dismiss the appeal.
Facts and Prior Proceedings
23, 2016, Colvin pleaded guilty to sexual abuse in the third
degree, in violation of Iowa Code section 709.4 (2015), and
was immediately sentenced. The State asked the court to
follow the recommendations in the presentence investigation
report, including, in part, a ten-year suspended sentence, a
five-year probationary term, and sex-offender treatment. The
State did not object to the court suspending "the $250
civil penalty fee for being a sex offender."
See Iowa Code § 692A.110(2). Colvin asked the
court to suspend all fines, civil penalties, and surcharges
and enter a deferred judgment.
court followed the State's recommendation, including
suspension of the $250 civil penalty, "given your work
history and your situation, " and ordered victim
restitution "for any services required for the victim as
a result of your actions." After noting Colvin was not
capable of paying attorney fees, the court declined to order
repayment. The court required Colvin to pay a surcharge of
$100 mandated by Iowa Code section 911.2B and "court
costs in an amount to be determined by the clerk's
office, and judgment fees accordingly."
relevant here, the court's May 24, 2016 written
sentencing order, unlike its oral pronouncement, required
Colvin to "pay a civil penalty of $250 to the clerk of
court" as a sex offender. The court suspended the
minimum fine of $1000 and the 35% fine surcharge but required
Colvin to pay victim restitution and a room-and-board fee as
set by the sheriff. The written order further stated:
"COURT COSTS. The defendant shall pay all court costs,
fees, and special surcharges required to be assessed for all
of these offenses by state law. Under section 911.2B,
defendant is fined $100 domestic abuse surcharge . . . .
Clerk will assess [him] for these costs."
27, the DCS filed a restitution plan in which Colvin agreed
to pay $50 each month toward $350 in court costs, with
payments starting in June 2016. The district court approved
Colvin's restitution plan. On June 10, 2016, Colvin filed
a notice of appeal.
29, 2016, the clerk's financial summary showed Colvin had
not made any payments toward his then $490 in financial
obligations-itemized as civil penalty sex offender ($250),
domestic/sexual abuse ($100), court reporter services ($40),
and filing fee ($100). See State v. Dudley, 766
N.W.2d 606, 624 (Iowa 2009) (discussing section 910.2 and
stating court costs, including court reporter fees, are
included in the definition of "restitution"
required of a convicted defendant).
performed community service at a recycling center on several
days over the next two months and submitted his community
service hours, at $7.25 per hour, to the court "in lieu
of" court costs-$113.16 in July, $246.50 and $244.75 in
August, totaling $584.41 ($94.91 more than ...