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State v. Haywood

Court of Appeals of Iowa

August 1, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
DANIEL HAYWOOD, Defendant-Appellant.

          Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.

         Daniel Haywood appeals from the sentence imposing court costs related to dismissed charges.

          Leah Patton, Walcott, until withdrawal, and then Michael K. Williams, Hinton, for appellant.

          Thomas J. Miller, Attorney General, and Linda J. Hines, Assistant Attorney General, for appellee.

          Considered by Danilson, C.J., McDonald, J., and Mahan, S.J. [*]

          DANILSON, CHIEF JUDGE.

         Daniel Haywood entered a guilty plea to three of five counts of forgery, in violation of Iowa Code section 715A.2(2)(A) (2017); the remaining two counts were dismissed. He challenges as illegal the sentence imposing court costs related to the dismissed charges.

         The State recited the plea agreement as follows:

[PROSECUTOR] MS. WAGNER: . . . It's my understanding that he's supposed to plead to Counts V, VI, and VII forgeries, to have five years imposed, but that the counts run concurrent to each other and concurrent to parole. The note from Ms. Sullivan did state that she wanted him to plead to three of the five counts, and I do see seven. I don't know if two were previously discussed or dismissed prior to the court date.
THE COURT: There have not been any counts dismissed. Some of the counts in the trial information pertain to the other defendants.
MS. WAGNER: . . . [Y]es, that is my understanding, then, to Counts V, VI, and VII, with the $750 suspended fine, a five-year prison term, and that the counts run concurrent to each other and concurrent to the parole, and to pay any victim restitution.
THE COURT: And is the restitution for the dismissed counts as well?
MS. WAGNER: That is, Your Honor.
THE COURT: And Mr. Haywood, is that your understanding of the terms of ...

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