State of Iowa
v.
Nelson Sierra Hernandez
Appellee
State of Iowa
Appellant
Nelson Sierra Hernandez
Attorneys for Appellee
Martha E. Trout, Assistant Attorney General
Attorneys for Appellant
Jessica Donels
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Samantha J. Gronewald, Judge. WRIT SUSTAINED, CASE REMANDED. Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ. Opinion by Schumacher, J. (3 pages)
Nelson Hernandez appeals an order for restitution following his criminal convictions. He argues the district court violated his due process rights by ordering him to pay restitution of $593.80 in costs and $125.00 in surcharges without holding a hearing on his reasonable ability to pay and erred in reopening the record on the issue of restitution. OPINION HOLDS: We vacate the court’s order determining Hernandez was reasonably able to pay $593.80 in costs, and we remand the matter to the district court to clarify that Hernandez is only responsible for items not subject to a reasonable-ability-to-pay determination—the surcharge and penalty—totaling $375.00.
