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Case No. 18-0351

State of Iowa
v.
Kathy Perry

Kathy Perry seeks further review after the court of appeals affirmed her conviction for driving while barred, vacated a portion of the sentencing order regarding restitution for attorney fees, and remanded for further proceedings to determine the amount of attorney fees owed and Perry’s reasonable ability to pay. Perry contends the district court is required to determine the amount of restitution and the defendant’s reasonable ability to pay at the time of sentencing.

County:
Woodbury

Resister

State of Iowa

Applicant

Kathy Perry

Attorneys for Resister

Martha E. Trout, Assistant Attorney General

Attorneys for Applicant

Maria Ruhtenberg, Assistant Appellate Defender

Supreme Court

Oral Argument Schedule

Non-Oral

Apr 09, 2019 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
18-0351
Date Published:
Apr 26, 2019

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0351
Date Published:
Jan 23, 2019
Summary

            Appeal from the Iowa District Court for Woodbury County, John C. Nelson, District Associate Judge.  CONVICTION AFFIRMED; SENTENCE PARTIALLY VACATED AND REMANDED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (6 pages)

            Kathy Perry appeals her sentence for driving while her license was barred.  She contends the sentencing court abused its discretion by ordering her to pay attorney fees and court costs without determining what those amounts were but finding she was reasonably able to pay attorney fees.  OPINION HOLDS: The court found Perry had the reasonable ability to pay attorney fees without knowing the amount—we find this was an abuse of discretion and remand for further proceedings.  But, the court made no determination that Perry was reasonably able to pay for court costs.  Therefore, Perry’s challenge to the order to pay court costs is premature.  

Other Information

Date Further Review is Granted:
Mar 28, 2019

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