from the Iowa District Court for Story County, James B.
Malloy, District Associate Judge.
defendant appeals from the district court order requiring him
to pay restitution.
L. Dirks of Dirks Law Firm, Ames, for appellant.
J. Miller, Attorney General, and Martha E. Trout, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Potterfield and Tabor,
Roache appeals from the district court order requiring him to
pay $3557.08 in restitution.
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
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.
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.
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."
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.
court also asked Hagedon if he knew what would happen if he
failed to pay the fine or if it was not ordered as