State v. Petrie, 478 N.W.2d 620 (Iowa 1991). · Go Syfert
State v. Petrie, 478 N.W.2d 620 (Iowa 1991). Cases Citing This Book View Copy Cite
159 citation events (150 in the last 25 years) across 2 distinct courts.
Strongest positive: State of Iowa v. Daniel Haywood (iowactapp, 2018-08-01)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State of Iowa v. Daniel Haywood (4×) also: Cited "see", Cited "see, e.g."
Iowa Ct. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
othing in this opinion prevents the parties to a plea agreement from making a provision covering the payment of costs and fees.
examined Cited as authority (verbatim quote) State of Iowa v. Jeffrey Allan Kirk (4×) also: Cited "see"
Iowa Ct. App. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
fees and costs not clearly associated with any single charge should be assessed proportionally against the defendant. since the defendant was only convicted on one of three counts he should be required to pay only one-third of these costs.
discussed Cited as authority (verbatim quote) State of Iowa v. Tyree Lee Young (2×) also: Cited as authority (rule)
Iowa Ct. App. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
since the defendant was only convicted on one of three counts he should be required to pay only one-third of these costs.
discussed Cited as authority (verbatim quote) State of Iowa v. Derrick Glenn Smith Jr. (2×) also: Cited as authority (rule)
Iowa Ct. App. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
we stress that nothing in this opinion prevents the parties to a plea agreement from making a provision covering the payment of costs and fees.
examined Cited as authority (verbatim quote) State of Iowa v. Brett Anthony Ford (3×) also: Cited as authority (rule)
Iowa Ct. App. · 2016 · signal: see · quote attribution · 2 verbatim quotes · confidence high
nly such fees and costs attributable to the charge on which a criminal defendant is convicted should be recoverable under a restitution plan.
examined Cited as authority (verbatim quote) State of Iowa v. Jillian Jane Stewart
Iowa · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
iowa code section 815.13 and section 910.2 clearly require ... that only such fees and costs attributable to the charge on which a criminal defendant is convicted should be recoverable under a restitution plan.
examined Cited as authority (verbatim quote) Amended February 5, 2015 State of Iowa v. Jillian Jane Stewart
Iowa · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
iowa code section 815.13 and section 910.2 clearly require . . . that only such fees and costs attributable to the charge on which a criminal defendant is convicted should be recoverable under a restitution plan.
discussed Cited as authority (verbatim quote) State of Iowa v. Joseph Allen Erlinger
Iowa Ct. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
nly such fees and costs attributable to the charge on which a criminal defendant is convicted should be recoverable under a restitution plan.
discussed Cited as authority (quoted) State of Iowa v. Tywon Stanton (2×) also: Cited as authority (rule)
Iowa Ct. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
othing in this opinion prevents the parties to a plea agreement from making a provision covering the payment of costs and fees.
discussed Cited as authority (quoted) State of Iowa v. Travis Glenn Randall (2×) also: Cited "see"
Iowa Ct. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
since the defendant was only convicted on one of three counts he should be required to pay only one-third of these costs.
examined Cited as authority (rule) State of Iowa v. Ronald Richard Pagliai (4×)
Iowa · 2026 · confidence medium
Petrie, 478 N.W.2d at 622.
discussed Cited as authority (rule) State of Iowa v. Robert Paul Krogmann
Iowa · 2023 · confidence medium
“We review the district court’s . . . order [on costs] for errors of law.” State v. McMurry, 925 N.W.2d 592, 595 (Iowa 2019) (quoting State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991) (per curiam)). “[W]e seek to ‘determine whether the court’s findings lack substantial evidentiary support, or whether the court has not properly applied the law.’ ” Id. (quoting State v. Bonstetter, 637 N.W.2d 161, 165 (Iowa 2001)).
discussed Cited as authority (rule) State of Iowa v. Robert Paul Krogmann
Iowa · 2023 · confidence medium
“We review the district court’s . . . order [on costs] for errors of law.” State v. McMurry, 925 N.W.2d 592, 595 (Iowa 2019) (quoting State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991) (per curiam)). “[W]e seek to ‘determine whether the court’s findings lack substantial evidentiary support, or whether the court has not properly applied the law.’ ” Id. (quoting State v. Bonstetter, 637 N.W.2d 161, 165 (Iowa 2001)).
cited Cited as authority (rule) State of Iowa v. Kim Tielebein
Iowa Ct. App. · 2022 · confidence medium
“We review the district court's restitution order for errors of law.” State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
discussed Cited as authority (rule) State of Iowa v. Tavish Coleon Shackford
Iowa Ct. App. · 2020 · confidence medium
In State v. Petrie, the Iowa Supreme Court did not view the silence in the statute as foreclosing the apportionment of costs and fees between counts that resulted in a conviction and those that were dismissed. 478 N.W.2d 620, 622 (Iowa 1991).
cited Cited as authority (rule) State of Iowa v. David Person
Iowa Ct. App. · 2019 · confidence medium
State v Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
cited Cited as authority (rule) State of Iowa v. Christopher David Vogel
Iowa Ct. App. · 2018 · confidence medium
State v. Brown, 905 N.W.2d 846 , 857 (2018) (citing State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991)).
discussed Cited as authority (rule) State of Iowa v. Dianna Marie Winder
Iowa Ct. App. · 2018 · confidence medium
As the supreme court has instructed, section 815.13 “authorizes the collection of costs of a criminal prosecution from a defendant ‘unless the defendant is found not guilty.’”1 State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991) (quoting Iowa Code § 815.13 ). “[T]he defendant should only be ordered to pay restitution on the counts on which the State obtains a conviction.” State v. Johnson, 887 N.W.2d 178, 181 (Iowa Ct. App. 2016) (citing Petrie, 478 N.W.2d at 622 ).
discussed Cited as authority (rule) State of Iowa v. Michael Fair
Iowa Ct. App. · 2017 · confidence medium
State v. Gordon, 732 N.W.2d 41, 43 (Iowa 2007) (citation omitted). “[T]he provisions of Iowa Code section 815.13 and section 910.2 clearly require, where the plea agreement is silent regarding the payment of fees and costs, that only such fees and costs attributable to the charge on which a criminal defendant is convicted should be recoverable under a restitution plan.” State v. 4 Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
discussed Cited as authority (rule) State of Iowa v. Ronald Robinson Gochett
Iowa Ct. App. · 2017 · confidence medium
Gochett argues “[t]he sentence imposed by the court is illegal in that the sentence requiring Gochett to pay court costs on dismissed counts is neither part of the plea bargain nor authorized by statute.” See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
discussed Cited as authority (rule) State of Iowa v. Cory Arden Hursey (2×)
Iowa Ct. App. · 2016 · confidence medium
“We review the district court’s restitution order for errors of law.” State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
examined Cited as authority (rule) State of Iowa v. Thomas Edward Jenkins Sr. (3×) also: Cited "see"
Iowa Ct. App. · 2015 · confidence medium
However, restitution, as defined in section 910.1(4), only applies to “criminal cases in which there is a plea of guilty, verdict of guilty, or special verdict upon which a judgment of conviction is rendered.” Id. § 910.2(1); 11 see also State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991) (stating “only such fees and costs attributable to the charge on which a criminal defendant is convicted should be recoverable under a restitution plan”).
discussed Cited as authority (rule) State of Iowa v. David Anthony Araiza
Iowa Ct. App. · 2015 · confidence medium
See Iowa Code § 910.2 (referring to assessment of court costs in “all criminal cases in which there is a plea of guilty, verdict of guilty, or special verdict upon which a judgment of conviction is rendered”); State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991) (stating “where the plea agreement is silent regarding the payment of fees and costs, that only such fees and costs attributable to the charge on which a criminal defendant is convicted should be recoverable under a restitution plan”).
cited Cited as authority (rule) State of Iowa v. Danielle Bunce
Iowa Ct. App. · 2015 · confidence medium
State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
discussed Cited as authority (rule) State of Iowa v. Micah Lee Bates Jr.
Iowa Ct. App. · 2015 · confidence medium
In the same order dismissing Counts I and II, the court states, “Defendant is ordered to pay all applicable court costs, surcharges, and fees as assessed by the Clerk of Court.” “[W]here the plea agreement is silent regarding the payment of fees and costs, that only such fees and costs attributable to the charge on which a criminal defendant is convicted should be recoverable under a restitution plan.” State v. Petrie, 478 N.W.2d 620, 622 (1991) (citing Iowa Code §§ 815.13 , 910.2). 5 The State agrees a correction of the sentencing order in this case is required.
cited Cited as authority (rule) State of Iowa v. Jillian Jane Stewart
Iowa Ct. App. · 2014 · confidence medium
State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
cited Cited as authority (rule) State of Iowa v. Nathan Michael Goad
Iowa Ct. App. · 2014 · confidence medium
“We review the district court’s restitution order for errors of law.” State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
discussed Cited as authority (rule) State v. Bonstetter (2×)
Iowa · 2001 · confidence medium
State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
cited Cited as authority (rule) State v. Alspach
Iowa · 1996 · confidence medium
State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
cited Cited as authority (rule) State v. Brewer
Iowa Ct. App. · 1996 · confidence medium
State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
discussed Cited as authority (rule) State v. Klindt (2×) also: Cited "see"
Iowa · 1996 · confidence medium
The court costs and fees “attributable to the charge on which a criminal defendant is convicted should be recoverable under a restitution plan.” State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
discussed Cited as authority (rule) State v. Ihde
Iowa Ct. App. · 1995 · confidence medium
In reviewing the amount of a restitution order fixed by a trial court, we need to determine whether the trial court applied the correct law in fixing damage, see State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991), and whether there is substantial evidence supporting the damages awarded.
discussed Cited "see" State of Iowa v. Amy Lois Rasmussen
Iowa Ct. App. · 2023 · signal: see · confidence high
See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991) (permitting parties to consent to payment of costs and fees for dismissed criminal charges as part of a plea agreement).
cited Cited "see" State of Iowa v. Jacob Schmitt
Iowa Ct. App. · 2021 · signal: see · confidence high
See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991), holding modified by State v. McMurry, 925 N.W.2d 592 (Iowa 2019).
discussed Cited "see" State of Iowa v. Gary Lee Manning (2×)
Iowa Ct. App. · 2020 · signal: see · confidence high
See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
examined Cited "see" State of Iowa v. Quinten Brice McMurry (3×)
Iowa · 2019 · signal: see · confidence high
See 478 N.W.2d at 622 .
discussed Cited "see" State of Iowa v. Todd Junior Landis
Iowa Ct. App. · 2018 · signal: see · confidence high
See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991) (“[T]he provisions of Iowa Code section 815.13 and section 910.2 clearly require, where the plea agreement is silent regarding the payment of fees and costs, that only such fees and costs attributable to the charge on which a criminal defendant is convicted should be recoverable under a restitution plan.”).
cited Cited "see" State of Iowa v. Thomas Patrick Olofson
Iowa Ct. App. · 2018 · signal: see · confidence high
See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
discussed Cited "see" State of Iowa v. Lloyd R. Haywood (2×)
Iowa Ct. App. · 2017 · signal: see · confidence high
See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991); see also State v. Johnson, 887 N.W.2d 178, 182-83 (Iowa Ct. App. 2016) (vacating “that portion of the sentencing order assessing court costs against Johnson for the dismissed counts” and remanding “for entry of a corrected sentencing order assessing Johnson with the appropriate court costs”).
cited Cited "see" State of Iowa v. Tyson James Ruth
Iowa Ct. App. · 2017 · signal: see · confidence high
See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
examined Cited "see" State of Iowa v. Quinten Brice McMurry (4×)
Iowa Ct. App. · 2017 · signal: see · confidence high
See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
cited Cited "see" State of Iowa v. Tony Wangmeng Lee
Iowa Ct. App. · 2017 · signal: see · confidence high
See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
cited Cited "see" State of Iowa v. Robert W. Kemmerling
Iowa Ct. App. · 2016 · signal: see · confidence high
See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
discussed Cited "see" State of Iowa v. Deshaun Lonte Trombone
Iowa Ct. App. · 2016 · signal: see · confidence high
See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991) (holding “the provisions of Iowa Code section 815.13 and section 910.2 clearly require, where the plea agreement is silent regarding the payment of fees and costs, that only such fees and costs attributable to the charge on which a criminal defendant is convicted should be recoverable under a restitution plan”); see also State v. Goad, No. 13–1319, 2014 WL 2885036 , at *2 (Iowa Ct. App. June 25, 2014) (reversing court costs taxed by the district court on dismissed charges); State v. Johnson, No. 15-2101, 2016 WL 4802916, at *2 (Iowa Ct…
cited Cited "see" State of Iowa v. Adam Maxwell Patrick
Iowa Ct. App. · 2016 · signal: see · confidence high
See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991); see also State v. Leatherberry, No. 15-0985, 2016 WL 3003420 , at *2 (Iowa Ct. App. May 25, 2016).
examined Cited "see" State of Iowa v. Kendall Chavez Johnson (5×)
Iowa Ct. App. · 2016 · signal: see · confidence high
See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
discussed Cited "see" State of Iowa v. Shannon Demarkus Young
Iowa Ct. App. · 2016 · signal: see · confidence high
See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991) (“[T]he provisions of Iowa Code section 815.13 and section 910.2 clearly require, where the plea agreement is silent regarding the payment of fees and costs, that only such fees and costs attributable to the charge on which a criminal defendant is convicted should be recoverable under a restitution plan.”).
discussed Cited "see" State of Iowa v. Justin Aaron Swift
Iowa Ct. App. · 2016 · signal: see · confidence high
See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991) (holding “that the provisions of Iowa Code section 815.13 and section 910.2 clearly require, where the plea agreement is silent regarding the payment of fees 6 and costs, that only such fees and costs attributable to the charge on which a criminal defendant is convicted should be recoverable under a restitution plan”); see also State v. Goad, No. 13–1319, 2014 WL 2885036 , at *2 (Iowa Ct. App. June 25, 2014) (reversing court costs taxed by the district court for dismissed charges); State v. Wheeler, No. 11-0827, 2012 WL 3026274 , at *1…
examined Cited "see" State of Iowa v. Kimberlee Don Black (3×)
Iowa Ct. App. · 2016 · signal: see · confidence high
See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
cited Cited "see" State of Iowa v. Lee C Urtis Leatherberry Jr.
Iowa Ct. App. · 2016 · signal: see · confidence high
See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
Retrieving the full opinion text from the archive…
STATE of Iowa, Appellee,
v.
Clarence Raymond PETRIE, Appellant
91-05.
Supreme Court of Iowa.
Dec 24, 1991.
478 N.W.2d 620
Linda Del Gallo, State Appellate Defender, and Brian K. Sissel, Asst. State Appellate Defender, for appellant., Bonnie J. Campbell, Atty. Gen., Thomas G. Fisher, Jr., Asst. Atty. Gen., Diann Wilder-Tomlinson, County Atty., and Peter J. Grady, Asst. County Atty., for appellee.
McGiverin, Harris, Carter, Neuman, Andreasen.
Cited by 67 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #41,115 of 633,719
Citer courts: Court of Appeals of Iowa (2)
PER CURIAM.

The defendant appeals from the district court’s restitution order requiring the de[*621] fendant to pay attorney fees and court costs after he was convicted pursuant to a guilty plea of driving while barred, an aggravated misdemeanor in violation of Iowa Code section 321.561 (1989). The defendant claims that the district court erred in directing restitution for the entire amount of court costs and attorney fees under Iowa Code section 910.2 (1989). We reverse and remand for further proceedings.

A state trooper stopped the vehicle the defendant was driving for failure to have a front license plate. A license check showed the defendant’s driver’s license had been suspended. The defendant was then arrested for driving while barred, and his car was impounded. An inventory search revealed marijuana inside the car. The police also found marijuana beside the car.

The defendant was charged by trial information in three separate counts with possession of a controlled substance with the intent to deliver in violation of Iowa Code section 204.401(l)(d) (1989), with being an habitual offender in violation of Iowa Code section 902.8 (1989) and with driving while barred in violation of Iowa Code section 321.561 (1989).

The defendant moved to suppress the evidence seized in part on the basis of an unlawful inventory search. In a ruling on the suppression issues, the district court determined that the inventory search was unlawful and that the evidence seized from inside the vehicle should be suppressed. The district court ruled against the defendant on the other suppression issues.

Subsequently, the defendant and the State entered into a plea agreement which included the State’s dismissal of the charge of possession of a controlled substance with intent to deliver and the habitual offender count in exchange for the defendant’s guilty plea on the driving while barred charge. The plea agreement made no provision for the payment of court costs and attorney fees. The district court accepted the resulting guilty plea and dismissed the other charges.

The district court sentenced the defendant to a term of imprisonment not to exceed two years and taxed the costs and court appointed attorney fees against the defendant. In a supplemental restitution order, the district court directed the defendant to pay $260.10 in court costs and $3018.42 in attorney fees, the entire amounts for the case.

The defendant filed a motion for hearing regarding the restitution order. The defendant claimed that he should not be required under Iowa Code section 910.2 to pay the entire amount of attorney fees and court costs for the case because he pleaded guilty only to one count of the trial information and the other two counts were dismissed. In its order ruling on the motion, the district court rejected the defendant’s statutory claim for a reduction in the restitution but reduced the amount of attorney fees to be paid to $3000. The court concluded that the only condition in section 910.2 which applied to court-appointed attorney fees and court costs was a requirement for a guilty plea in the case and that there was no requirement to examine each count in the case. The district court stated that such treatment was similar to that received by a nonindigent defendant who paid the fees for privately retained counsel regardless of the result. The court stressed that this case did not involve a situation where the dismissed charge was frivolous.

Iowa Code section 910.2 provides, in part:

In all criminal cases except simple misdemeanors under chapter 321, in which there is a plea of guilty, verdict of guilty, or special verdict upon which a judgment of conviction is rendered, the sentencing court shall order that restitution be made by each offender to the victims of the offender’s criminal activities and, if the court so orders and to the extent that the offender is reasonably able to do so, for court costs, court-appointed attorney’s fees or the expense of a public defender when applicable.

In addition, section 910.1(3) defines criminal activities permitting restitution as:

any crime for which there is a plea of guilty, verdict of guilty, or special verdict upon which a judgment of conviction is rendered and any other crime committed[*622] after July 1, 1982 which is admitted or not contested by the offender, whether or not prosecuted. However, “criminal activities” does not include simple misdemeanors under chapter 321.

In addition, Iowa Code section 815.13 (1989) authorizes the collection of costs of a criminal prosecution from a defendant “unless the defendant is found not guilty.”

We review the district court’s restitution order for errors of law. Iowa R.App.P. 4. This court normally construes statutes on the basis of their ordinary and commonly understood meanings. State v. Bessenecker, 404 N.W.2d 134, 136 (Iowa 1987). This court will not search for a different meaning when the statutory language is clear. Saadig v. State, 387 N.W.2d 315, 319 (Iowa 1986).

We hold that the provisions of Iowa Code section 815.13 and section 910.2 clearly require, where the plea agreement is silent regarding the payment of fees and costs, that only such fees and costs attributable to the charge on which a criminal defendant is convicted should be recoverable under a restitution plan. Consequently, the district court should have limited the restitution order in this case to requiring the defendant to pay court costs and fees attributed to his conviction of driving while barred. Expenses clearly attributed to other charges such as attorney fees connected with the suppression issues should not be assessed against the defendant. Fees and costs not clearly associated with any single charge should be assessed proportionally against the defendant. Since the defendant was only convicted on one of three counts he should be required to pay only one-third of these costs.

We stress that nothing in this opinion prevents the parties to a plea agreement from making a provision covering the payment of costs and fees.

We reverse the district court’s order directing the defendant to pay restitution on the entire amount of court costs and attorney fees awarded in this case. We remand this case for further proceedings to determine the appropriate amount of restitution consistent with this opinion.

REVERSED AND REMANDED.