State v. Staake
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The Supreme Court vacated the order of restitution in this criminal case for the reasons explained today in State v. Davis, __ N.W.2d __ (Iowa 2020), concluding that interim orders on components of restitution requiring a reasonable ability to pay are neither appealable nor enforceable, but because the district court did not have the benefit of State v. Albright, 925 N.W.2d 144 (Iowa 2019) in issuing the restitution order, the order is vacated and the case remanded for further proceedings.
Defendant entered a guilty plea to sexual abuse in the third degree. The court placed Defendant on probation, ordered him to register as a sex offender, and ordered that Defendant pay $204 in court costs, stating that additional amounts could be assessed at a later date. Defendant filed this direct appeal from his judgment of sentence, arguing that the district court erred in ordering him to pay restitution when it did not know the total amount of those costs and had not conducted a reasonable-ability-to-pay determination. The State argued in response that Defendant's appeal was unripe because no final restitution order had been entered. The Supreme Court vacated the restitution order and remanded the matter for further proceedings because the district court did not have the benefit of Albright.
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