State v. Davis
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In this criminal action, the Supreme Court vacated the restitution awarded and clarified State v. Albright, 925 N.W.2d 144 (Iowa 2019), holding that defendants may seek appellate review of interim restitution orders in a direct appeal of right from the judgment of conviction.
Appellant filed a direct appeal from his judgment of conviction, challenging only the restitution award, which was awarded without a determination of his reasonable ability to pay and without a final order of restitution. The State argued that under Albright, which held that "any temporary, permanent, or supplemental order regarding restitution is not appealable or enforceable until the court files its final order of restitution," the appeal must be dismissed. The Supreme Court vacated the restitution orders, holding (1) interim restitution orders are not enforceable until the district court determines the defendant's reasonable ability to pay all items of restitution and enters the final order of restitution; (2) there is no right of direct appeal from interim restitution orders preceding the court's final order of restitution, but defendants may seek appellate review of interim restitution orders in a direct appeal of right from the judgment of conviction; and (3) because the district court did not have the benefit of Albright, this case is remanded for further proceedings.
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