State of Iowa
v.
Chad Lindsay
Appellee
State of Iowa
Appellant
Chad Lindsay
Attorney for the Appellee
Martha E. Trout, Assistant Attorney General
Attorney for the Appellant
Robert P. Ranschau, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dickinson County, Carl J. Petersen, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and May, JJ. Opinion by Doyle, J. (5 pages)
Chad Lindsay appeals the restitution order entered after he pled guilty to one count of failure to obtain workers’ compensation liability insurance. OPINION HOLDS: Because Lindsay’s criminal act supports a civil claim for recovery, the court properly assessed restitution to compensate the victim for pecuniary damages arising from that criminal act. Lindsay’s claim that his counsel was ineffective in failing to request a setoff for a workers’ compensation award fails because counsel had no duty to request a setoff for a workers’ compensation award when Lindsay had made no payments on the award.