State of Iowa
v.
Christopher Craig Hawk
Christopher C. Hawk appeals from his conviction following his guilty plea to possession with intent to deliver more than five grams of the controlled substance methamphetamine in violation of Iowa Code section 124.401(1)(c)(6) (2017). Hawk argues: (1) the legislature’s recent amendment to Iowa Code section 814.6 should not affect Hawk’s appeal as the offense and plea occurred prior to July 1, 2019, and he only appeals his sentence and there is good cause for allowing his appeal. Alternatively, Hawk asserts the court should treat his filings as an application for discretionary review or writ of certiorari and grant relief. Hawk further argues the district court erred in finding that he had the reasonable ability to pay for restitution as the record discloses no means for him to do so. The State assumes, without conceding, that State v. Damme, 944 N.W.2d 98, 105 (Iowa 2020) controls this case, and thus, the appeal can go forward despite the amendments to section 814.6. However, the State contends the court lacks authority to decide Hawk’s unpreserved and un-exhausted restitution claim, and the claim is without merit, under both old case law and S.F. 457, which is newly-enacted legislation regarding restitution in criminal cases.
Appellee
State of Iowa
Appellant
Christopher Craig Hawk
Attorney for the Appellee
Tyler J. Buller
Attorney for the Appellant
Stephan J. Japuntich
Supreme Court
Oral Argument Schedule
Non-Oral
Nov 18, 2020 9:00 AM
