from the Iowa District Court for Cerro Gordo County, Karen
Kaufman Salic, District Associate Judge.
Holton appeals following his guilty plea to domestic abuse
assault, third or subsequent offense, asserting the district
court erred in imposing restitution and his counsel rendered
A. Reindl, Mason City, for appellant.
J. Miller, Attorney General, and Thomas J. Ogden, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Doyle and McDonald, JJ.
November 2016, Michael Holton was charged with two counts of
domestic abuse assault, third or subsequent offense. Holton
subsequently entered into an agreement with the State wherein
he would plead guilty to the first count of assault in
exchange for dismissal of the second count, along with the
county attorney making sentencing recommendations that he be
ordered to serve a prison term not to exceed five years, that
a suspended fine plus surcharges and court costs be imposed,
and that he attend and participate in the Iowa Domestic Abuse
Program. One of the lines on the plea form, initialed by
Holton, stated: "Restitution is (not) requested."
The word "not" was not lined or crossed out, nor
was it circled.
hearing on the plea was set. Additionally, the court ordered
a presentence investigation, anticipating Holton would
request to proceed to sentencing following the plea hearing.
Prior to that hearing, the State filed a statement of
pecuniary damages, informing the court that the Crime Victim
Compensation Program (CVCP) was entitled to restitution for
payments the CVCP made in the amount of $1400.
hearing, the court had a colloquy with Holton to verify he
knew and understood the consequences of his guilty plea. The
court advised Holton that "if there's any victim
restitution, [he] would be required to pay that, " and
Holton affirmed he understood. The court accepted
Holton's guilty plea, and Holton waived delay of his
court then proceeded to sentencing, and the court asked the
assistant county attorney if there was anything she wanted to
add to the State's recommendation. The assistant county
The State's recommendation was as stated in the plea
agreement. I will add-I guess I will add though that the
State requests restitution in the amount stated in the
statement of pecuniary damages that was previously filed that
goes towards crime victims so we do request restitution in
the amount of fourteen hundred dollars to the [CVCP].
response, Holton's attorney stated:
With the understanding that there is a mandatory requirement
in this case for the sentencing recommendations, I won't
add to that, Your Honor. I would say, however, Mr. Holton did
receive a copy of the Iowa [CVCP] Summary, and understanding
that they went ahead and paid this fourteen hundred dollars
for [the victim] but Mr. Holton indicated that she was
already having to move before this allegation occurred. She
was attempting to get money to get a different location or
get a different place to live so to say that these were
emergency relocation to provide primary shelter and rent
deposit, we would-basically, Your Honor, we would object to
that usage. It wasn't an emergency response. [The victim]
was already in the process of moving and looking for help for
that, and so this part is not an emergency, and . . . I
don't know what kind of investigation [the CVCP] did, but