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Case No. 18-0267

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

State of Iowa
Isaiah Montell Forest


State of Iowa


Isaiah Montell Forest

Attorney for the Appellee

Katie Krickbaum, Assistant Attorney General

Attorney for the Appellant

Melinda J. Nye, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Dec 19, 2018

            Appeal from the Iowa District Court for Story County, Timothy J. Finn, Judge.  SENTENCES VACATED IN PART AND REMANDED WITH DIRECTIONS.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (3 pages)

            Isaiah Forest appeals his sentences for two counts of second-degree robbery.  He challenges the applicability of the law-enforcement-initiative surcharge provided in Iowa Code section 911.3 (2017) and the district court’s order requiring him to pay court costs and court-appointed attorney fees.  OPINION HOLDS: We vacate the law-enforcement-initiative surcharge provisions of each of Forest’s sentences as the offenses to which Forest pled guilty are not subject to that surcharge.  We also find the district court abused its discretion in entering a restitution plan of payment without first determining the amount of attorney fees and Forest’s reasonable ability to pay.  We therefore vacate the portion ordering restitution for court costs and court-appointed attorney fees.  We remand for a determination of the amount of attorney fees and Forest’s reasonable ability to pay.

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