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Case No. 18-1215

State of Iowa
v.
Tavish Coleon Shackford

Tavish Shackford seeks further review of the court of appeals opinion affirming the determination Shackford was required to pay jail fees, having been convicted of a crime, though the conviction was subsequently reversed on appeal.

County:
Polk

Resister

State of Iowa

Applicant

Tavish Coleon Shackford

Attorneys for Resister

Timothy M. Hau

Attorneys for Applicant

Vidhya K. Reddy

Supreme Court

Oral Argument Schedule

Non-Oral

Sep 16, 2020 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
18-1215
Date Published:
Dec 18, 2020

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1215
Date Published:
Jan 09, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Doyle, P.J., Greer, J., and Potterfield, S.J.  Opinion by Greer, J. (9 pages)

           

            Tavish Shackford appeals the district court’s resentencing order after his conviction for one count of willful injury causing bodily injury.  Shackford argues the court erred in assessing all court costs against him, including correctional fees, without considering (1) whether to apportion any of the costs between two criminal counts or (2) whether he had a reasonable ability to pay the costs.  OPINION HOLDS: We conclude Shackford is liable for the correctional fees attributable to the time he spent in jail after his conviction for a forcible felony when our court overturned that conviction for lack of evidence.  We also conclude Shackford was not entitled to a reasonable ability to pay determination regarding correctional fees, but he was entitled to that determination regarding court costs.  We remand for the entry of a restitution order.

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