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Case No. 19-0231

State of Iowa
Michael Gene Lofstuen


State of Iowa


Michael Gene Lofstuen

Attorney for the Appellee

Zachary Miller, Assistant Attorney General

Attorney for the Appellant

Theresa R. Wilson, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 04, 2020

            Appeal from the Iowa District Court for Bremer County, Chris Foy, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Greer, J. (5 pages)


            Michael Lofstuen appeals from his conviction and sentence for various drug crimes entered after his guilty plea.  On appeal, Lofstuen argues the district court improperly ordered him to pay restitution for court costs, surcharges, and correctional fees when the amount of restitution was unknown.  OPINION HOLDS: We conclude the court itemized the amount of the surcharges and penalty and could permissibly order him to pay these amounts without considering his reasonable ability to pay.  Because the clerk of court had not yet filed the amount of outstanding court costs, we vacate that portion of the sentencing order and remand for the district court for entry of a final restitution order.

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