from the Iowa District Court for Woodbury County, John C.
Nelson, District Associate Judge.
Jo Perry appeals the restitution provisions of her sentence
for driving while her license was barred. CONVICTION
AFFIRMED; SENTENCE PARTIALLY VACATED AND REMANDED.
C. Smith, State Appellate Defender, and Maria Ruhtenberg,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Martha E. Trout, Assistant
Attorney General, for appellee.
Considered by Tabor, P.J., and Mullins and Bower, JJ.
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.
Facts and Prior Proceedings
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.
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
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. ...