State of Iowa
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.
State of Iowa
Attorney for the Resister
Martha E. Trout, Assistant Attorney General
Attorney for the Applicant
Maria Ruhtenberg, Assistant Appellate Defender
Oral Argument Schedule
Apr 09, 2019 1:30 PM
Supreme Court Opinion
Court of Appeals
Court of Appeals Opinion
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.