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State v. Roache

Court of Appeals of Iowa

May 2, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
TERRAN E. ROACHE, Defendant-Appellant.

          Appeal from the Iowa District Court for Story County, James B. Malloy, District Associate Judge.

         The defendant appeals from the district court order requiring him to pay restitution.

          John L. Dirks of Dirks Law Firm, Ames, for appellant.

          Thomas J. Miller, Attorney General, and Martha E. Trout, Assistant Attorney General, for appellee.

          Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.

          POTTERFIELD, Judge.

         Terran Roache appeals from the district court order requiring him to pay $3557.08 in restitution.

         In October 2016, Roache was charged with eleven crimes in two separate trial informations, stemming from a rash of automobile burglaries reported to the Ames police on two days earlier that month. Roache reached a plea agreement with the State, whereby he agreed to enter guilty pleas to one count of second-degree criminal mischief and one count of third-degree burglary and to pay restitution on all eleven of the counts. In return, the State agreed to dismiss the other nine charges.

         Later, the State filed a statement of pecuniary damages in the amount of $4515.80. As part of the damages, the State included $1900 to Jordan Hagedon for a "Northland CDL Training book" and $958.72 to another victim for the repair of a vehicle window. The court approved the statement of pecuniary damages and filed an order requiring Roache to pay the full $4515.80.

         Roache objected to the restitution order-specifically the amounts listed above-as unreasonable. He also claimed the State had not established a causal connection between his offense and the CDL training book.

         At a hearing on the matter, the victim who submitted the $958.72 estimate did not appear, and the estimate was not received into evidence. Hagedon appeared and was called to testify. He testified he had paid to take a class through Northland CDL Training & Licensing; as part of the course work, he had received a book entitled, "Pre-Trip Inspection Study Guide, " which was a "published, marked, and copyright booklet" and "the sole property of Northland CDL Training."

         At the time he received the booklet, he signed an agreement stating he was "fully aware" he was responsible for returning the study guide and "fully understand[s]" he would be fined for failing to do so. The State admitted into evidence the signed agreement, which Hagedon had signed on September 22, 2016. Hagedon further testified the study guide was in his backpack, which Roache had stolen when he broke into Hagedon's vehicle. The study guide was apparently never recovered. Although the signed agreement did not include the amount of the fine for failing to return the study guide, the State also admitted into evidence a second form Hagedon had signed with Northland CDL Training & Licensing-this one on October 10, a day or two after the guide was taken. The second form stated, in part, "By losing and not returning the said study guide on my final testing date, I also fully understand I will be charged a fine 4x the course tuition. The calculated charge for this course is $1900." Hagedon had not yet paid Northland, stating, "They've been waiting for what we would hear from restitution, " but testified he had an outstanding balance with them for the full amount of the fine. On cross-examination, Hagedon testified the study guide "was a small booklet, soft covered" and approximately "six-by-eight or ten inches in diameter." He agreed the value or cost of the book itself was not $1900. Hagedon was asked by the court if he had talked to the company about waiving the fine since the book was stolen rather than lost; Hagedon responded:

I did. All they said was that they reiterated the fact that people have not returned them in the past, and they do charge the four times the cost of the class. And I did ask that, and they said that if I did get money out of the restitution, they'd like to see that, because it's still a risk to them, I guess, with their copyrighting or their-they wrote that book, they publish that book themselves, and they didn't want that getting out.

         The court also asked Hagedon if he knew what would happen if he failed to pay the fine or if it was not ordered as ...


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