Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Perry

Court of Appeals of Iowa

January 23, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
KATHY JO PERRY, Defendant-Appellant.

          Appeal from the Iowa District Court for Woodbury County, John C. Nelson, District Associate Judge.

         Kathy Jo Perry appeals the restitution provisions of her sentence for driving while her license was barred. CONVICTION AFFIRMED; SENTENCE PARTIALLY VACATED AND REMANDED.

          Mark C. Smith, State Appellate Defender, and Maria Ruhtenberg, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Martha E. Trout, Assistant Attorney General, for appellee.

          Considered by Tabor, P.J., and Mullins and Bower, JJ.

          TABOR, PRESIDING JUDGE.

         Kathy Jo Perry appeals the sentencing order following her guilty plea to driving while her license was barred. She contends the district court erred by ordering her to pay restitution for attorney fees and correctional costs without determining the amounts of those obligations. The sentencing order declared Perry was reasonably able to pay attorney fees but was silent about her ability to pay other court costs. We agree with Perry that the district court abused its discretion in finding her able to pay attorney fees without knowing the full amount owed. Accordingly, we remand for a corrected sentencing order.

         I. Facts and Prior Proceedings

         In November 2017, Sioux City police arrested Perry for driving while her license was barred. She pleaded guilty to an aggravated misdemeanor, and the court sentenced her to twenty days in jail, suspending a $625 fine. The court also ordered her to pay court costs and attorney fees. For court costs, specifically for correctional fees, the court directed the Woodbury County Sheriff to file a claim for reimbursement. The court further ordered, "The Defendant shall pay not less than $50 monthly and the first payment shall be due within 30 days from the date of this order, until the fine, surcharges, restitution (if ordered) and court costs are paid in full." In the final line of the sentencing order, the court found, "Upon review the court FINDS that Defendant is reasonably able to pay attorney fees." Perry appeals the restitution aspects of the sentencing order.

         II. Discussion

         Perry asserts the district court abused its discretion in ordering her to pay restitution for correctional costs and attorney fees without determining the amount of those obligations. We review her restitution challenge for correction of errors at law. See State v. Coleman, 907 N.W.2d 124, 134 (Iowa 2018).

         The district court must impose restitution in all cases of criminal conviction. See Iowa Code § 910.2 (2017). The court orders victim restitution, fines, penalties, and surcharges without considering the defendant's ability to pay. Id. § 910.2(1). But the court may impose other restitution costs, including correctional fees under section 356.7 and court-appointed attorney fees, only to the extent it determines the offender is reasonably able to pay. Id.

At the time of sentencing or at a later date to be determined by the court, the court shall set out the amount of restitution . . . and the persons to whom restitution must be paid. If the full amount of restitution cannot be determined at the time of sentencing, the court shall issue a temporary order determining a reasonable amount for restitution identified up to that time. At a later date as determined by the court, the court shall issue a permanent, supplemental order, setting the full amount of restitution. ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.