State v. DavisonAnnotate this Case
The Supreme Court reversed the district court's of restitution against Defendant, holding that the restitution was constitutionally impermissible.
Under Iowa Code 910.3B, an award of at least $150,000 is required when "the offender is convicted of a felony in which the act or acts committed by the offender caused the death of another person." On appeal from his conviction for assault causing serious injury and conspiracy to commit a forcible felony, Defendant argued that the district court erred in ordering him to pay $150,000 in restitution because the jury did not find beyond a reasonable doubt that he caused the death of another. The Supreme Court agreed, holding (1) section 910.3B does not require a jury finding that the defendant caused the death of another person; (2) because the $150,000 restitution in punitive in part, awards of such restitution must be based on findings determined by the jury; and (3) because no jury found that Defendant caused the death of the victim of the shooting, the restitution award must be reversed.