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:
Date Published:
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.
