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State v. Shackford

Court of Appeals of Iowa

January 9, 2020

STATE OF IOWA, Plaintiff-Appellee,
v.
TAVISH COLEON SHACKFORD, Defendant-Appellant.

          Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.

         Tavish Shackford appeals the district court resentencing order obligating him to pay correctional fees.

          Mark C. Smith, State Appellate Defender, (until withdrawal), and Vidhya K. Reddy, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Timothy M. Hau, Assistant Attorney General, for appellee.

          Considered by Doyle, P.J., Greer, J., and Potterfield, S.J. [*]

          GREER, Judge.

         Tavish Shackford appeals the district court's resentencing order after his conviction for one count of willful injury causing bodily injury. Shackford argues the court erred in assessing all court costs against him, including correctional fees, without considering (1) whether to apportion any of the costs between two criminal counts or (2) whether he had a reasonable ability to pay the costs. On our review, we affirm in part and vacate in part the district court's resentencing order and remand for entry of a restitution order consistent with this opinion.

         I. Background Facts and Proceedings.

         We recited the facts underlying Shackford's criminal conviction in our opinion in his first appeal. State v. Shackford, No. 17-0634, 2018 WL 1863297, at *1 (Iowa Ct. App. Apr. 18, 2018). Relevant here, after a jury trial, Shackford was found guilty of one count of willful injury causing bodily injury in violation of Iowa Code section 708.4(2) (2016) (Count I) and one count of intimidation with a dangerous weapon in violation of Iowa Code section 708.6 (Count II). Shackford's previously posted bail on Count I was continued pending sentencing. Because Count II is a forcible felony, Shackford was not eligible for release on bond and remained in jail pending sentencing. See Iowa Code § 811.1(1) (noting that defendants awaiting sentencing on a forcible felony as defined in Iowa Code section 702.11 are not eligible for bail).

         At sentencing, the district court ordered Shackford to pay court costs and restitution in an amount the court would determine later. Further, the court determined he could not pay the costs of his court-appointed attorney. Shackford appealed.

         While Shackford's first appeal was pending, the Polk County Sheriff filed two requests for reimbursement for "room and board" correctional fees: one for $135 for the two days Shackford spent in jail following his arrest and one for $4935 for the eighty-four days he spent in jail awaiting sentencing and transfer to the Iowa Department of Corrections (IDOC). Without a hearing, the court approved each request the day it was filed.

         In Shackford's first appeal, we upheld his conviction for Count I, but we found insufficient evidence to sustain the conviction for Count II-the forcible felony. As a result, we remanded for resentencing on Count I and dismissal of Count II, which the district court dismissed with prejudice.

         Before resentencing on Count I, the IDOC filed a restitution plan. Under the restitution plan, Shackford owed $5444.78 in restitution including the correctional fees. Accordingly, the clerk of court's financial docket included the correctional fees. Directed by the restitution plan, the IDOC planned to withhold twenty percent of each credit to Shackford's institutional account to satisfy his restitution obligation.

         At the resentencing hearing, the court imposed an indeterminate five-year sentence as well as a suspended $750 fine and criminal-penalty surcharge. While the court determined Shackford could not pay court-appointed attorney fees, the ...


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