State v. Petty

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The Supreme Court affirmed Defendant’s convictions but vacated certain portions of Defendant’s sentences, holding that the imposition of a surcharge violated the Ex Post Facto Clauses of the state and federal constitutions and that the district court erroneously ordered restitution without determining Defendant’s reasonable ability to pay. Defendant pled guilty to lascivious acts with a child and sexual exploitation of a minor. On appeal, Defendant argued that the district court failed to comply with Iowa R. Crim. P. 2.8(2)(b) in accepting his guilty pleas, did not adequately inquire into an alleged communication breakdown in the attorney-client relationship, violated the Ex Post Facto Clauses by imposing a surcharge, and erred in ordering restitution without first determining his reasonable ability to pay. The Supreme Court held (1) Defendant did not preserve error on his guilty pleas challenge; (2) the record on appeal was insufficient to conduct an ineffective assistance of counsel analysis and to determine whether the district court adequately inquired into the alleged communication breakdown; and (3) the surcharge and restitution were erroneously imposed. View "State v. Petty" on Justia Law