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Case No. 17-0233

State of Iowa
v.
Michael John Opperud

Appellee

State of Iowa

Appellant

Michael John Opperud

Attorneys for Appellee

Louis S. Sloven, Assistant Attorney General

Attorneys for Appellant

Richard N. Tompkins, Jr.

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-0233
Date Published:
Feb 20, 2019
Summary

            Appeal from the Iowa District Court for Bremer County, Chris Foy, Judge.  AFFIRMED.  Considered by Tabor, P.J., Mullins, J., and Blane, S.J.  Opinion by Tabor, P.J.  (6 pages)

            The defendant agreed to pay restitution at the rate of fifty dollars a month after pleading guilty to theft in the first degree.  But two years later, facing serious health issues, he petitioned the district court to find he did not have the ability to pay the remaining balance.  The court found it had no authority to grant such relief.  OPINION HOLDS: The district court decision is correct.  Despite the change in the defendant’s circumstances, the court is without authority to grant him the relief he seeks—eliminating his entire obligation to pay restitution including victim restitution, court costs, and attorney fees.  The defendant did not unbundle the courts costs and attorney fees from the victim restitution, and it was not an abuse of discretion for the court to deny the general request to eliminate restitution altogether. 

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