At page 622 Limiting restitution to costs of convicted charge61 citing cases“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 restitutio…”
- State of Iowa v. Daniel Haywood, No. 17-1187 (Iowa Ct. App. Aug. 1, 2018).published ([N]othing in this opinion prevents the parties to a plea agreement from making a provision covering the payment of costs and fees.)
- State of Iowa v. Jeffrey Allan Kirk, No. 16-1930 (Iowa Ct. App. July 6, 2017).published (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-…)
- State of Iowa v. Tyree Lee Young, No. 16-0154 (Iowa Ct. App. Mar. 8, 2017).published (Since the defendant was only convicted on one of three counts he should be required to pay only one-third of these costs.)
- State of Iowa v. Derrick Glenn Smith Jr., No. 15-2194 (Iowa Ct. App. Jan. 11, 2017).published (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.)
- State of Iowa v. Brett Anthony Ford, No. 15-0569 (Iowa Ct. App. June 15, 2016).published ([O]nly such fees and costs attributable to the charge on which a criminal defendant is convicted should be recoverable under a restitution plan.)
- Amended February 5, 2015 State of Iowa v. Jillian Jane Stewart, No. 13–1113 (Iowa Jan. 9, 2015).published(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.)
- State of Iowa v. Jillian Jane Stewart, 858 N.W.2d 17 (Iowa 2015).published(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.)
- State of Iowa v. Joseph Allen Erlinger, No. 14-0654 (Iowa Ct. App. Dec. 10, 2014).published([O]nly such fees and costs attributable to the charge on which a criminal defendant is convicted should be recoverable under a restitution plan.)
- State of Iowa v. Tywon Stanton, No. 16-1193 (Iowa Ct. App. Mar. 7, 2018).published “nothing in this opinion prevents the parties to a plea agreement from making a provision covering the payment of costs and fees.”
- State of Iowa v. Travis Glenn Randall, No. 14-1220 (Iowa Ct. App. July 9, 2015).published “since the defendant was only convicted on one of three counts he should be required to pay only one-third of these costs.”
Show 38 more citing cases
- State of Iowa v. Ronald Richard Pagliai, 30 N.W.3d 226 (Iowa 2026).published Petrie, 478 N.W.2d at 622.
- State of Iowa v. Robert Paul Krogmann, 998 N.W.2d 141 (Iowa 2023).published “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 cour…
- State of Iowa v. Kim Tielebein, No. 21-0352 (Iowa Ct. App. Mar. 2, 2022).published“We review the district court's restitution order for errors of law.” State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
- State of Iowa v. Tavish Coleon Shackford, No. 18-1215 (Iowa Ct. App. Jan. 9, 2020).publishedIn 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 199…
- State of Iowa v. David Person, No. 18-0676 (Iowa Ct. App. Feb. 6, 2019).publishedState v Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
- State of Iowa v. Christopher David Vogel, No. 18-0230 (Iowa Ct. App. Dec. 19, 2018).publishedState v. Brown, 905 N.W.2d 846 , 857 (2018) (citing State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991)).
- State of Iowa v. Dianna Marie Winder, No. 17-0232 (Iowa Ct. App. Mar. 7, 2018).publishedAs 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…
- State of Iowa v. Michael Fair, No. 16-1771 (Iowa Ct. App. Aug. 16, 2017).publishedState 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…
- State of Iowa v. Ronald Robinson Gochett, No. 15-0418 (Iowa Ct. App. May 3, 2017).publishedGochett 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 62…
- State of Iowa v. Cory Arden Hursey, No. 16-0187 (Iowa Ct. App. Oct. 26, 2016).published “We review the district court’s restitution order for errors of law.” State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
- State of Iowa v. Thomas Edward Jenkins Sr., No. 15-0589 (Iowa Ct. App. Dec. 9, 2015).published (stating “only such fees and costs attributable to the charge on which a criminal defendant is convicted should be recoverable under a restitution plan)
- State of Iowa v. David Anthony Araiza, No. 14-1142 (Iowa Ct. App. Sept. 10, 2015).published(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 rest…)
- State of Iowa v. Danielle Bunce, No. 14-0645 (Iowa Ct. App. Feb. 25, 2015).publishedState v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
- State of Iowa v. Micah Lee Bates Jr., No. 14-0007 (Iowa Ct. App. Jan. 14, 2015).publishedIn 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 o…
- State of Iowa v. Jillian Jane Stewart, No. 13-1113 (Iowa Ct. App. July 16, 2014).publishedState v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
- State of Iowa v. Nathan Michael Goad, No. 13-1319 (Iowa Ct. App. June 25, 2014).published“We review the district court’s restitution order for errors of law.” State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
- State v. Bonstetter, 637 N.W.2d 161 (Iowa 2001).published State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
- State v. Alspach, 554 N.W.2d 882 (Iowa 1996).publishedState v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
- State v. Brewer, 547 N.W.2d 15 (Iowa Ct. App. 1996).publishedState v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
- State v. Klindt, 542 N.W.2d 553 (Iowa 1996).published 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).
- State v. Ihde, 532 N.W.2d 827 (Iowa Ct. App. 1995).publishedIn 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 substa…
- State of Iowa v. Amy Lois Rasmussen, No. 22-1144 (Iowa Ct. App. Aug. 30, 2023).published(permitting parties to consent to payment of costs and fees for dismissed criminal charges as part of a plea agreement)
- State of Iowa v. Jacob Schmitt, No. 20-0701 (Iowa Ct. App. Feb. 3, 2021).publishedSee State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991), holding modified by State v. McMurry, 925 N.W.2d 592 (Iowa 2019).
- State of Iowa v. Gary Lee Manning, No. 19-0464 (Iowa Ct. App. Feb. 5, 2020).published See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
- State of Iowa v. Todd Junior Landis, No. 17-1369 (Iowa Ct. App. Dec. 19, 2018).published([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 wh…)
- State of Iowa v. Thomas Patrick Olofson, No. 17-0737 (Iowa Ct. App. Feb. 21, 2018).publishedSee State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
- State of Iowa v. Lloyd R. Haywood, No. 16-1369 (Iowa Ct. App. Oct. 11, 2017).published 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” an…
- State of Iowa v. Tyson James Ruth, No. 17-0270 (Iowa Ct. App. Sept. 27, 2017).publishedSee State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
- State of Iowa v. Quinten Brice McMurry, No. 16-1722 (Iowa Ct. App. Sept. 27, 2017).published See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
- State of Iowa v. Tony Wangmeng Lee, No. 15-1806 (Iowa Ct. App. Feb. 22, 2017).publishedSee State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
- State of Iowa v. Robert W. Kemmerling, No. 16-0221 (Iowa Ct. App. Oct. 12, 2016).publishedSee State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
- State of Iowa v. Adam Maxwell Patrick, No. 15-0268 (Iowa Ct. App. Sept. 28, 2016).publishedSee 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).
- State of Iowa v. Deshaun Lonte Trombone, No. 15-1696 (Iowa Ct. App. Sept. 28, 2016).published(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…)
- State of Iowa v. Kendall Chavez Johnson, 887 N.W.2d 178 (Iowa Ct. App. 2016).published See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
- State of Iowa v. Shannon Demarkus Young, No. 15-1748 (Iowa Ct. App. July 27, 2016).published([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 wh…)
- State of Iowa v. Justin Aaron Swift, No. 15-1229 (Iowa Ct. App. June 15, 2016).published(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…)
- State of Iowa v. Kimberlee Don Black, No. 14-0886 (Iowa Ct. App. May 25, 2016).published See State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
- State of Iowa v. Lee C Urtis Leatherberry Jr., No. 15-0985 (Iowa Ct. App. May 25, 2016).publishedSee State v. Petrie, 478 N.W.2d 620, 622 (Iowa 1991).
Other citing cases
- State of Iowa v. Quinten Brice McMurry, 925 N.W.2d 592 (Iowa 2019).published
v.
Clarence Raymond PETRIE, Appellant
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.