from the Iowa District Court for Polk County, Scott D.
Shackford appeals the district court resentencing order
obligating him to pay correctional fees.
C. Smith, State Appellate Defender, (until withdrawal), and
Vidhya K. Reddy, Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Timothy M. Hau, Assistant
Attorney General, for appellee.
Considered by Doyle, P.J., Greer, J., and Potterfield, S.J.
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.
Background Facts and Proceedings.
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).
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.
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.
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.
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
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