State of Iowa
v.
Kathy Perry
Kathy Perry seeks further review after the court of appeals affirmed her conviction for driving while barred, vacated a portion of the sentencing order regarding restitution for attorney fees, and remanded for further proceedings to determine the amount of attorney fees owed and Perry’s reasonable ability to pay. Perry contends the district court is required to determine the amount of restitution and the defendant’s reasonable ability to pay at the time of sentencing.
Resister
State of Iowa
Applicant
Kathy Perry
Attorney for the Resister
Martha E. Trout, Assistant Attorney General
Attorney for the Applicant
Maria Ruhtenberg, Assistant Appellate Defender
Supreme Court
Oral Argument Schedule
Non-Oral
Apr 09, 2019 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, John C. Nelson, District Associate Judge. CONVICTION AFFIRMED; SENTENCE PARTIALLY VACATED AND REMANDED. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Tabor, P.J. (6 pages)
Kathy Perry appeals her sentence for driving while her license was barred. She contends the sentencing court abused its discretion by ordering her to pay attorney fees and court costs without determining what those amounts were but finding she was reasonably able to pay attorney fees. OPINION HOLDS: The court found Perry had the reasonable ability to pay attorney fees without knowing the amount—we find this was an abuse of discretion and remand for further proceedings. But, the court made no determination that Perry was reasonably able to pay for court costs. Therefore, Perry’s challenge to the order to pay court costs is premature.