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Case No. 20-0701

State of Iowa
Jacob Schmitt


State of Iowa


Jacob Schmitt

Attorneys for Appellee

Thomas J. Ogden, Assistant Attorney General

Attorneys for Appellant

Maria Ruhtenberg, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 03, 2021

            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. 

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