David Michael Evans
v.
State of Iowa
Appellant
David Michael Evans
Appellee
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:
20-0907
Date Published:
Oct 20, 2021
Summary
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.
