Skip to main content
Iowa Judicial Branch
Main Content

Case No. 17-1043

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Abel Quijas, Jr.

Appellee

State of Iowa

Appellant

Abel Quijas, Jr.

Attorneys for Appellee

Martha E. Trout, Assistant Attorney General

Attorneys for Appellant

Martha J. Lucey, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1043
Date Published:
Aug 01, 2018
Summary

           Appeal from the Iowa District Court for Fayette County, David P. Odekirk and Richard D. Stochl, Judges.  REVERSED AND REMANDED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by McDonald, J. (7 pages)

           Abel Quijas, Jr. appeals the district court’s dismissal of his petition to modify restitution.  On appeal, Quijas argues (1) he is entitled to assistance of counsel to challenge the restitution order, (2) the imposition of room-and-board restitution without a hearing creates an illegal sentence—entitling him to assistance of counsel, and (3) he is entitled to a hearing to determine if he has the reasonable ability to pay the ordered restitution.  OPINION HOLDS: Because Quijas filed his petition more than thirty days after judgment entry his claim is civil in nature, and he is not entitled to assistance of counsel.  The imposition of room-and-board restitution without a hearing does not amount to an illegal sentence.  Because on its face, Quijas’s petition is not frivolous, the district court abused its discretion in denying the petition without a hearing.

© 2022 Iowa Judicial Branch. All Rights Reserved.