from the Iowa District Court for Cherokee County, David A.
DeLong appeals part of his restitution order.
C. Smith, State Appellate Defender, (until withdrawal) and
Maria Ruhtenberg, Assistant Appellate Defender, for
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Bower, C.J., and May and Greer, JJ.
DeLong appeals his restitution order, claiming there is not
an adequate causal connection between the ordered restitution
and his crimes. We find substantial evidence supports the
district court's findings and affirm.
Background Facts & Proceedings
summer of 2016, DeLong provided a fourteen-year-old with
alcohol and committed a sex act against her. The next
morning, she had blood on her underwear, her pants were on
backward, and her vaginal area hurt. On November 30, 2017, a
jury convicted DeLong of sexual abuse in the third degree as
a habitual offender and of supplying alcohol to a minor. We
affirmed the convictions on appeal. State v. DeLong,
18-0588, 2019 WL 2144638, at *4 (Iowa Ct. App. May 15,
2019). The crime victim compensation program
(CVCP) made payments for physical and mental-health care for
parties requested a restitution hearing, which occurred on
June 22, 2018. The only witness to testify was Ruth Walker,
the restitution subrogation coordinator for the CVCP. Walker
described the approval process used by the CVCP to determine
if claimed charges relate to the offenses before issuing
payment. The process involves the treating facility
submitting a medical-expense verification form, CVCP
reviewing the medical records for each request and comparing
them to the crime, and a second review performed by a
compensation specialist before approval. Each verification
form includes a question whether the services "were a
direct result of the crime."
hearing, a summary and copies of the billing records were
submitted into evidence, but the actual medical records were
not submitted due to confidentiality
requirements. During cross-examination, when asked if
and how specific physical medical treatments related to the
crime, Walker stated, "This is a sexual assault victim.
So her injuries are not just going to be from that one
particular day. This could be going on for years, treatment
she may need because of that crime. . . . The treatment that
she's receiving is related to the crime."
September 12, DeLong was ordered to pay $2740.95-the full
amount of restitution requested. He appeals.
Standard of Review
review restitution orders for correction of errors at
law." State v. Albright, 925 N.W.2d 144, 158
(Iowa 2019). "In the review of a restitution order,
'we determine whether the court's findings lack
substantial evidentiary support, or whether the court has not
properly applied the law.'" State v.
Edouard, 854 N.W.2d 421, 450 (Iowa 2014) (quoting
State v. Hagen, 840 N.W.2d 140, 144 (Iowa 2013)),