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Case No. 20-1732

State of Iowa
Nelson Sierra Hernandez


State of Iowa


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:
Oct 06, 2021

            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.

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