from the Iowa District Court for Polk County, Robert Blink,
Clark appeals from the denial of his motions challenging
Randall L. Jackson of the Law Office of Randall L. Jackson,
Des Moines, for appellant.
J. Miller, Attorney General, and Kyle Hanson, Assistant
Attorney General, for appellee State.
Considered by Danilson, C.J., and Bower, J., and Mahan, S.J.
DANILSON, Chief Judge.
Clark appeals from the denial of his motion challenging
restitution and the denial of his identical motion filed in a
preexisting postconviction-relief (PCR) case. Clark contends
the district court abused its discretion in finding he had a
reasonable ability to pay restitution, in failing to find
excessive amounts of money had been withheld under the
standards applied to enforcement of civil judgments, and in
failing to invalidate the restitution order because it did
not contain a finding Clark had a reasonable ability to pay
restitution. We affirm the ruling of the district court.
Background Facts & Proceedings.
a May 2000 jury trial, Clark was convicted of attempt to
commit murder and terrorism with intent (now known as
intimidation with a dangerous weapon), and was sentenced to a
twenty-five-year and a ten-year term of imprisonment, to run
concurrently. As part of the August 4, 2000 order imposing
imprisonment and fine, Clark was ordered to "reimburse
the State for attorney's fees to the extent Defendant is
reasonably able to do so." A supplemental order was
entered on September 26, 2000, ordering Clark to pay
restitution for fines, penalties, surcharges, and court
costs. The restitution plan was filed November 15, 2000,
providing "[p]ayments will consist of [twenty] percent
of all credits to [Clark's] institutional account."
On September 25, 2001, a supplemental order was filed
ordering Clark to pay an additional $3939.50 in attorney fees
"in accordance with the restitution plan and plan of
repayment." The corresponding restitution plan was filed
October 29, 2001, and again stated payments would consist of
twenty percent of all credits to Clark's institutional
account. On July 24, 2002, a modified supplemental order was
filed increasing the amount of restitution owed for attorney
fees to a total of $5028.50. Again, the corresponding
restitution plan ordered that the payments would consist of
twenty percent of Clark's institutional account credits.
made the requisite restitution payments for approximately
fifteen years until December 19, 2014, when he filed motions
challenging restitution and requesting a restitution
evidentiary hearing in both the underlying criminal case and
a preexisting PCR case. Clark filed amended motions on February
11, 2015. A restitution hearing was held on April 27, 2015.
The district court subsequently entered identical orders
denying Clark's motions on July 2, 2015 (PCR case), and
May 12, 2016 (criminal case). Clark now appeals the district
court's findings that he had a reasonable ability to pay
restitution, the ordered restitution was not excessive, and
the restitution order was not invalid.
Standard of Review.
review is for correction of errors at law. State v.
Hagen, 840 N.W.2d 140, 144 (Iowa 2013). "In
reviewing a restitution order 'we determine whether the
court's findings lack substantial evidentiary support, or
whether the court has not properly applied the
law.'" Id. (quoting State v.
Bonstetter, 637 N.W.2d 161, 165 (Iowa 2001)).
district court summarized Clark's challenges to the