State v. McCalley
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The Supreme Court affirmed the judgment of the district court imposing a six-day jail sentence and ordering Defendant to pay restitution costs for operating a motor vehicle while her license was barred as a habitual offender, holding that there was no error.
On appeal, Defendant challenged the district court's discretion to sentence her to jail and the constitutionality of the sentence, arguing that the court (1) improperly considered her financial situation in imposing the jail sentence over Defendant's requested sentence of a fine or probation, and (2) erred by ordering restitution for court costs and court-appointed attorney fees under recent legislation codified in Iowa Code chapter 910. The Supreme Court affirmed, holding (1) the district court properly evaluated all of the facts before imposing jail time instead of a fine or probation; and (2) Defendant waived any challenges to the court's finding that she had a reasonable ability to pay court costs and court-appointed attorney fees.
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