IN THE COURT OF APPEALS OF IOWA
No. 14-1220
Filed July 9, 2015
STATE OF IOWA,
Plaintiff-Appellee,
vs.
TRAVIS GLENN RANDALL,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Scott County, John D. Telleen,
Judge.
Travis Randall appeals the sentences imposed by the district court
following his guilty pleas. SENTENCES AFFIRMED IN PART AND VACATED
IN PART, AND CASE REMANDED WITH DIRECTIONS.
Mark C. Smith, State Appellate Defender, and Vidhya K. Reddy, Assistant
Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Kevin Cmelik and Heather Ann
Mapes, Assistant Attorneys General, Michael J. Walton, County Attorney, and
Dion D. Trowers, Assistant County Attorney, for appellee.
Considered by Doyle, P.J., McDonald, J., and Mahan, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2015).
2
DOYLE, P.J.
Travis Randall appeals the district court’s sentences following his guilty
pleas to theft in the second degree, criminal mischief in the second degree, and
burglary in the third degree. Randall claims the district court erred in improperly
taxing him with the costs of the charges that were dismissed. We affirm
Randall’s sentences in part and we vacate those portions of the sentencing
orders requiring him to pay costs associated with charges that were dismissed.
We remand to the district court for a correction of the sentencing orders.
I. Background Facts and Proceedings
In criminal case number FECR350998, Randall was charged with four
counts: (1) theft in the second degree, (2) theft in the second degree, (3) theft in
the fourth degree, and (4) criminal mischief in the second degree. As part of a
plea agreement, Randall pled guilty to count one, theft in the second degree in
violation of Iowa Code section 714.2(2) (2011), and to count four, criminal
mischief in the second degree, in violation of section 716.4. The State dismissed
counts two and three. The plea agreement was silent as to payment of court
costs. The court deferred sentence and judgment and placed Randall on
probation. As a condition of probation, the district court ordered Randall to pay
victim restitution and ordered Randall to pay “court costs and the LEI [law
enforcement initiative] fee of $125.” Upon revocation of his probation, deferred
judgment was rescinded. In sentencing Randall, the district court ordered,
among other things, that Randall “pay all applicable court costs and surcharges
assessed by the clerk of court.”
3
In criminal case number FECR359530, Randall was charged with two
counts: (1) burglary in the second degree, and (2) theft in the fourth degree. As
part of a plea agreement, Randall pled guilty to the lesser offense of burglary in
the third degree, in violation of section 713.6A(1). The State dismissed count
two. The agreement was silent as to the payment of court costs. In addition to
ordering Randall to pay victim restitution, the district court ordered, among other
things, that Randall “pay all applicable court costs, correctional fees and
surcharges as assessed by the clerk of court.”
On appeal, Randall asserts the district court entered an unauthorized and
illegal sentence in ordering him to pay court costs associated with the dismissed
counts.
II. Standard of Review
Challenges to the legality of a sentence are reviewed for errors at law.
Kurtz v. State, 854 N.W.2d 474, 478 (Iowa Ct. App. 2014).
III. Discussion
After review of Iowa Code sections 910.2 (restitution)1 and 815.13
(payment of prosecution costs)2 and case law, we find Randall not responsible
1
Iowa Code section 910.2(1) requires:
1. 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,
the sentencing court shall order that restitution be made by each offender
to the victims of the offender’s criminal activities, to the clerk of court for
fines, penalties, surcharges, and, to the extent that the offender is
reasonably able to pay, for crime victim assistance reimbursement,
restitution to public agencies . . . , court costs including correctional fees
. . . , court-appointed attorney fees . . . , including the expense of a public
defender, when applicable, contribution to a local anticrime organization,
or restitution to the medical assistance program . . . .
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for costs associated with the dismissed charges. Randall should be taxed with
only the costs for the counts on which he was convicted. 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 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”). Also, “costs not clearly associated with
any single charge should be assessed proportionally against” Randall. See id.
(“Since the defendant was only convicted on one of three counts he should be
required to pay only one-third of these costs.”). The record is insufficient for us to
determine the appropriate court costs for which Randall is responsible.
We affirm in part the district court’s sentencing orders regarding Randall’s
multiple convictions, but we vacate those portions of the sentencing orders
requiring Randall to pay costs associated with the dismissed counts. We remand
this case for further proceedings to determine the appropriate amount of court
costs for which Randall is responsible. Costs of this appeal are taxed to the
State.
SENTENCES AFFIRMED IN PART AND VACATED IN PART, AND
CASE REMANDED WITH DIRECTIONS.
2
Iowa Code section 815.13 provides, in part, fees and costs associated with prosecuting
a criminal action are “recoverable by the county or city from the defendant unless the
defendant is found not guilty or the action is dismissed.”