from the Iowa District Court for Black Hawk County, Andrea J.
Haywood appeals from the sentence imposing court costs
related to dismissed charges.
Patton, Walcott, until withdrawal, and then Michael K.
Williams, Hinton, for appellant.
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.
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.
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
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
THE COURT: And is the restitution for the dismissed counts as
MS. WAGNER: That is, Your Honor.
THE COURT: And Mr. Haywood, is that your understanding of the
terms of ...