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Case No. 19-0822

State of Iowa
Chad Lindsay


State of Iowa


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:
Apr 01, 2020

            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.

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