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Case No. 20-0907

David Michael Evans
State of Iowa


David Michael Evans


State of Iowa

Attorney for the Appellant

Erin M. Carr

Attorney for the Appellee

Martha E. Trout

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Oct 20, 2021

            Certiorari to the Iowa District Court for Polk County, Christopher Kemp, Judge.  WRIT ANNULLED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (4 pages)

            David Evans challenges the denial of his motion for a determination of his reasonable ability to pay restitution.  OPINION HOLDS: We find no error in the district court’s conclusion that a reasonable-ability-to-pay determination is not available for Evans’s restitution orders that are being enforced as civil judgments rather than as criminal restitution.

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