State of Iowa
v.
Isaiah Montell Forest
Appellee
State of Iowa
Appellant
Isaiah Montell Forest
Attorney for the Appellee
Katie Krickbaum, Assistant Attorney General
Attorney for the Appellant
Melinda J. Nye, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Story County, Timothy J. Finn, Judge. SENTENCES VACATED IN PART AND REMANDED WITH DIRECTIONS. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Mullins, J. (3 pages)
Isaiah Forest appeals his sentences for two counts of second-degree robbery. He challenges the applicability of the law-enforcement-initiative surcharge provided in Iowa Code section 911.3 (2017) and the district court’s order requiring him to pay court costs and court-appointed attorney fees. OPINION HOLDS: We vacate the law-enforcement-initiative surcharge provisions of each of Forest’s sentences as the offenses to which Forest pled guilty are not subject to that surcharge. We also find the district court abused its discretion in entering a restitution plan of payment without first determining the amount of attorney fees and Forest’s reasonable ability to pay. We therefore vacate the portion ordering restitution for court costs and court-appointed attorney fees. We remand for a determination of the amount of attorney fees and Forest’s reasonable ability to pay.