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Case No. 18-1893

State of Iowa
v.
David Lee Hering

Appellee

State of Iowa

Appellant

David Lee Hering

Attorney for the Appellee

Darrel Mullins, Assistant Attorney General

Attorney for the Appellant

David Hering, pro se

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1893
Date Published:
Jan 23, 2020
Summary

            Appeal from the Iowa District Court for Muscatine County, Mark D. Cleve, Judge.  AFFIRMED AND REMANDED.  Considered by Viatheswaran, P.J., Mullins, J., and Potterfield, S.J.  Opinion by Mullins, J.  (8 pages)

            David Hering appeals a district court order determining the amount of restitution for court costs.  He argues the State’s claim for restitution is untimely, the court erred in its determination of the amount of restitution owed, his restitution obligation is satisfied in full because no supplemental order of restitution was ever entered, the procedures used by the State to withhold money from his prison account violated due process for lack of notice, and the State was required to collect restitution from his involuntary conservatorship.  OPINION HOLDS: We affirm the district court’s determination of the amount owed by Hering, its return of funds flowing from unsecured loans, and its refusal to order a return of the funds flowing from prison wages.  We remand the matter to the district court for completion of the remaining restitution procedures, determination of Hering’s reasonable ability to pay, and entry of a final restitution order. 

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