from the Iowa District Court for Marshall County, Kim M.
Riley, District Associate Judge.
Plettenberg appeals the restitution order entered following
his guilty pleas to four offenses.
Richard Hollis, Des Moines, for appellant.
J. Miller, Attorney General, and Martha E. Trout, Assistant
Attorney General, for appellee.
Considered by Doyle, P.J., and Tabor and McDonald, JJ.
appeal Marc Plettenberg challenges the restitution order
entered after he pled guilty to several crimes. Upon our
review, we affirm the restitution order.
Background Facts and Proceedings.
we also file our opinion in State v. Plettenberg,
No. 17-0624, 2018 WL__ (Iowa Ct. App. May 2, 2018), an appeal
involving the same underlying facts that gave rise to issues
in dispute here. Because the relevant facts are fully set
forth in that case, we do not repeat them here, except to
explain the posture of this appeal. Ultimately, after
pleading guilty to four crimes, the district court adjudged
Plettenberg guilty of the crimes and sentenced him.
Plettenberg appealed, challenging various matters, all
addressed in Plettenberg, No. 17-0624, 2018 WL ____,
his appeal was filed, the county jail filed a claim seeking
reimbursement from Plettenberg for room, board, and medical
expenses it claimed Plettenberg incurred in spending 397 days
in its jail. The total claim amount was $12, 224.45.
The case number on the claim form included FECR088617, along
with two other cases, FECR088508 and FECR086357. Plettenberg
filed a resistance to the jail's claim for reimbursement,
asserting that "[b]y filing [the jail's
reimbursement claim], the State (although NOT the individual
prosecutor personally) has breached the plea agreement."
He pointed out that, in his guilty pleas for the three
lesser-included crimes, there were no references "to
restitution more generally or the repayment of costs of
incarceration" at the jail. Plettenberg acknowledged
that his guilty plea for the escape charge made reference to
payment of "court-appointed attorney fees and
restitution, " but he argued "restitution" as
used in the plea "should not be interpreted as
restitution in general, but only as repayment for expenses
associated with legal representation."
court scheduled a July 2017 hearing "on the issue of his
reasonable ability to pay costs assessed in this case."
At the hearing, Plettenberg's counsel noted that in
addition to Plettenberg's inability to pay the assessed
costs and fees, "the plea agreement [did] not requir[e]
or specify payment for the stay in jail, " and counsel
asked "the court to consider . . . whether or not the
restitution should be due and owing at all." No further
discussion of that issue on the record was held. On July 20,
2017, the court entered an order approving the jail's
room and board reimbursement claim pursuant to Iowa Code
sections 356.7 and 910.2 (2017). The court noted the claim
total included FECR088617 and another case. The next day, the
court entered its order denying Plettenberg's resistance
to the restitution orders, finding the correctional-fee
reimbursement was considered a court cost and finding
"no merit in [Plettenberg's] assertion that he was
not informed of his obligation to pay court costs, which
include[d] correctional fees." The court also found
Plettenberg was able to pay the restitution. On August 18,
2017, Plettenberg filed a notice of appeal, specifically
appealing the "'Order Approving Room and Board'
filed on July 20, 2017 . . . and . . . the 'Ruling on
Restitution' filed on July 21, 2017."
Scope and Standards of Review.
review challenges to both guilty pleas and restitution orders
for correction of errors at law. See State v.
Weitzel, 905 N.W.2d 397, 401 (Iowa 2017); State v.
Fisher, 877 N.W.2d 676, 680 (Iowa 2016); State v.
Dubois, 888 N.W.2d 52, 53 (Iowa 2016). We review
constitutional claims, such as claims of ineffective
assistance of counsel, de novo. See State v. Virgil,
895 N.W.2d 873, 879 (Iowa 2017).