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Case No. 19-1510

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

State of Iowa
v.
Elisha M. Mischke

Appellee

State of Iowa

Appellant

Elisha M. Mischke

Attorneys for Appellee

Timothy M. Hau, Assistant Attorney General

Attorneys for Appellant

Vidhya K. Reddy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1510
Date Published:
Jan 27, 2022
Summary

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (16 pages)

            Elisha Mischke was charged by trial information with ongoing criminal conduct.  The trial information alleged that Mischke and two others, “individually, or by joint criminal conduct, or by aiding and abetting another” “commit[ted] multiple acts of residential burglaries, vehicle burglaries, vehicle theft, credit card fraud, identity theft, operating a motor vehicle without owner’s consent, and possession of stolen property.”  As part of a plea agreement in which other charges and other criminal cases were dismissed, Mischke pled guilty to the class “B” felony.  She was given a suspended, thirty-five year sentence and later ordered to pay $22,822.13 in restitution based on eleven separate claims.  On appeal, Mischke challenges the ordered restitution.  First, she argues the district court erred in approving supplemental restitution requests that were untimely made.  And second, she maintains the State failed to prove a causal connection between her criminal conduct and the restitution ordered.  OPINION HOLDS: Mischke has good cause to challenge the restitution she was ordered to pay as part of her sentence.  The thirty-day requirement to request restitution is directory, not mandatory, and Mischke did not establish she was prejudiced by the delayed restitution request.  We do not reach Mischke’s challenge to the causal connection between the restitution ordered and her criminal acts, except her challenge to the missing bicycle, which we find is causally related.  We affirm the ordered restitution of $22,822.13 based on eleven separate claims.

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