from the Iowa District Court for Hancock County, Karen
Kaufman Salic, District Associate Judge.
defendant appeals from the district court's judgment and
sentence, ordering the defendant to pay the expert-witness
fee and court costs. AFFIRMED.
Nicholas T. Larson of Larson Law Office, PLLC, Osage, for
J. Miller, Attorney General, and Thomas J. Ogden, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Bower and McDonald, JJ.
POTTERFIELD, Presiding Judge.
Richmond Sr. appeals from the district court's judgment
and sentence, ordering him to pay $3255.20 for expert-witness
fees. He argues the court was wrong to order him to pay his
expert-witness fees and failed to determine whether he had
the reasonable ability to the pay the fee. In the
alternative, he maintains he received ineffective assistance
from trial counsel because counsel failed to request
authorization to obtain an expert at public expense and
failed to contest Richmond's ability to pay fees and
Background Facts and Proceedings.
September 2017, Richmond was charged with domestic abuse
assault, third or subsequent offense, and domestic abuse
assault by strangulation. The State alleged both charges were
subject to the habitual-offender enhancement.
filed a financial affidavit and application for appointment
of counsel, in which he stated he did not have a job and had
earned zero dollars in the previous twelve months. Counsel
was appointed by the court.
was originally released on the pending charges but was again
taken into custody after the State filed a pretrial report of
violation. Bail was set at $10, 000. Richmond filed a motion
for bond review, which the district court set for hearing. At
the bond hearing, Richmond testified he was employed prior to
being arrested, stating he was working "off and on"
and "had worked probably like two, three weeks before .
. . I had actually got arrested." When asked why he
stated on his affidavit that he had earned zero dollars in
the previous twelve months, he said that he must have misread
the question. He testified it was "definitely a
regular" job that he had waiting for him. The district
court declined to reset bail.
January 2018, Richmond entered a guilty plea to the amended
charge of assault while displaying a dangerous weapon. As
part of an agreement, the State dismissed the charge for
domestic abuse assault by strangulation. Additionally,
Richmond waived his right to prepare for and be present at
sentencing. Richmond wrote on the "waiver of presence
form," stating he was not reasonably able to pay the
total costs and fees incurred for legal assistance because
"[he was] going to prison and due to [his] potential
parole in the matter it is unclear when [he] will be
released. [He] ask[ed] attorney fees be waived as [he was]
unable to pay." Richmond explicitly waived any further
hearing regarding his ability to pay as part of the waiver of
same day, the district court entered its judgment and
sentence. Richmond was sentenced to a two-year term of
incarceration and was ordered to pay $3255.20 for expert
witness fees. The fine related to the conviction was