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Case No. 22-1401

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

State of Iowa
v.
Trisha Lee Kountkofsky

Appellee

State of Iowa

Appellant

Trisha Lee Kountkofsky

Attorney for the Appellee

Bridget A. Chambers, Assistant Attorney General

Attorney for the Appellant

Gregory F. Greiner

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1401
Date Published:
Feb 21, 2024
Summary

            Appeal from the Iowa District Court for Winneshiek County, Laura Parrish, Judge.  SENTENCE AFFIRMED AND REMANDED WITH DIRECTIONS.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (8 pages)

            Trisha Kountkofsky appeals the restitution order requiring her to pay victim pecuniary damages and category “B” restitution.  OPINION HOLDS: The sentencing court listed incorrect code sections in its restitution order, and we remand with directions to enter a nunc pro tunc order correcting those errors.  We do not address the entry of victim pecuniary damages as Kountkofsky did not exhaust her remedies for challenging them in the district court, and we affirm the category “B” restitution determination as Kountkofsky failed to file a financial affidavit and waived her right to a hearing on her reasonable ability to pay.

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