from the Iowa District Court for Lee (South) County, John M.
Wright (sentencing), and Mary Ann Brown (order for
defendant challenges the court's use of a presentence
investigation report's sentencing recommendation and
contests his reasonable ability to pay assessed costs.
C. Smith, State Appellate Defender, (until withdrawal) and
Vidhya K. Reddy, Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Tyler J. Buller, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.
James Davolt appeals his sentences for involuntary
manslaughter and leaving the scene of an accident. He
challenges the court's use of the sentencing
recommendation of the department of corrections in the
presentence investigation (PSI) report and the order to
reimburse correctional fees when Davolt does not have a
reasonable ability to pay the fees.
Background Facts & Proceedings
January 10, 2018, Davolt pleaded guilty to involuntary
manslaughter and leaving the scene of an accident. The plea
agreement provided a third charge of homicide by vehicle
would be dismissed, Davolt would be responsible for
restitution, and the parties would be free to argue
consecutive or concurrent sentences.
report submitted included a recommendation for consecutive
sentences. Davolt requested concurrent sentences. The State
recommended consecutive sentences. At sentencing on January
16, the court imposed two consecutive five-year terms of
incarceration to be served consecutively to a sentence from a
separate case. The court imposed a fine and applicable
surcharges on each count and ordered $150, 000 in restitution
be paid to the estate of the deceased victim. The court then
found Davolt did not have the reasonable ability to pay court
costs or reimbursement for court-appointed attorney fees.
January 17, the sheriff's office requested reimbursement
for correctional fees under Iowa Code section 356.7(2)
(2018). The court entered an order giving Davolt thirty days
to file a written objection, stating if no objection was
filed, Davolt was ordered to pay $630 for correction fees. On
January 29, a restitution plan was filed which included
Standard of Review
apply an abuse of discretion standard when the sentence
challenged [is] within the statutory limits." State
v. Headley, 926 N.W.2d 545, 549 (Iowa 2019). "We
review restitution orders for correction of errors at
law." Stat ...