State of Iowa
v.
Jacob Schmitt
Appellee
State of Iowa
Appellant
Jacob Schmitt
Attorney for the Appellee
Thomas J. Ogden, Assistant Attorney General
Attorney for the Appellant
Maria Ruhtenberg, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Tabor, J. (4 pages)
Jacob Schmitt challenges the restitution order from his judgment and sentence following his guilty plea to theft. He contends the district court erred in finding he had the reasonable ability to pay when the amount of jail fees and other costs were unknown. OPINION HOLDS: Because Schmitt waived this claim by agreeing he had the reasonable ability to pay in his written plea agreement, we do not reach whether legislative amendments governing restitution apply to his case. We affirm.