Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Clark v. State

Court of Appeals of Iowa

June 7, 2017

ALF FREDDY CLARK, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

         Appeal from the Iowa District Court for Polk County, Robert Blink, Judge.

         Alf Clark appeals from the denial of his motions challenging restitution.

          Randall L. Jackson of the Law Office of Randall L. Jackson, Des Moines, for appellant.

          Thomas 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.

         Alf 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.

         I. Background Facts & Proceedings.

         Following 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.

         Clark 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.[1] 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.

         II. Standard of Review.

         Our 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)).

          III. Analysis.

         The district court summarized Clark's challenges to the restitution ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.