State v. Moore, 92-1203
| Decision Date | 19 May 1993 |
| Docket Number | No. 92-1203,92-1203 |
| Parties | STATE of Iowa, Appellee, v. Christopher MOORE, Appellant. |
| Court | Iowa Supreme Court |
Linda Del Gallo, State Appellate Defender, and Andi S. Lipman, Asst. State Appellate Defender, for appellant.
Bonnie J. Campbell, Atty. Gen., Julie Halligan Brown, Asst. Atty. Gen., Diann Wilder-Tomlinson, County Atty., and Steven Norby, Asst. County Atty., for appellee.
Considered by LARSON, P.J., and SCHULTZ, NEUMAN, SNELL, and ANDREASEN, JJ.
The issue in this appeal involves an interpretation of our criminal sentencing restitution statute, Iowa Code section 910.2 (1991). Defendant Christopher Moore, who was convicted of delivery of a controlled substance, challenges the trial court's sentencing order that requires restitution for cash payments made to defendant by state agents. The restitution order includes payments involved in charges which were subsequently dismissed. We affirm.
In a trial information, Moore was charged with three counts of delivery of a controlled substance and a count of failure to affix a drug-tax stamp. These charges stemmed from incidents of delivery of cocaine on February 22 and 27, 1991, and on March 15, 1991. The State amended the trial information to delete the first two counts of delivery of a controlled substance in order to conceal the identity of a confidential informer.
Moore pled guilty to the remaining count of delivery and to the count of failure to affix a drug-tax stamp. The State agreed to recommend concurrent sentences in exchange for Moore's guilty plea. During the sentencing hearing held on June 22, 1992, a narcotic agent testified for the State that he purchased cocaine from Moore on three occasions and stated the amount of cash he paid for each purchase. Moore did not contest the amount of payments he received and admitted his involvement in these transactions. In addition to the concurrent sentences to imprisonment, the court ordered Moore to pay restitution to the State in the amount of $1,755 for money used to make all three drug purchases, pursuant to Iowa Code section 910.2. Moore only appeals from the court's restitution order.
A sentencing court is required to order restitution under section 910.2 which provides in part:
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....
Moore argues that the court erred in ordering him to pay restitution to the State on the two counts for which he was not convicted. Moore relies on State v. Petrie, 478 N.W.2d 620 (Iowa 1991), to support his position that restitution is limited to crimes for which a defendant is convicted.
In Petrie, a defendant was charged in a trial information with counts of possession of a controlled substance with intent to deliver, being an habitual offender, and driving while barred. The trial court ruled that evidence seized in an unlawful inventory search of defendant's vehicle should be suppressed. The defendant and the State entered into a plea agreement whereby the State...
To continue reading
Request your trial
-
State v. Copes
...(parties to plea agreement may stipulate that the sentence will require reimbursement of court-appointed counsel costs); State v. Moore, 500 N.W.2d 75, 76 (Iowa 1993) (indicating that parties are not prevented from entering into agreement concerning payment of costs and attorney fees); Stat......
-
State v. McMurry, 16-1722
...for some counts and the dismissal of others in the absence of equitable circumstances supporting apportionment. State v. Moore , 500 N.W.2d 75, 76 (Iowa 1993) (refusing to apply the apportionment rule to restitution for money provided by the state to a cooperating witness to make three cont......
-
State v. Bradley, 00-0894.
...funeral expenses. As such, the funeral bill constitutes pecuniary damages for which an offender must make payment. See State v. Moore, 500 N.W.2d 75, 76 (Iowa 1993). However, in this matter the funeral expenses take the form of crime victim assistance reimbursements. As previously discussed......
-
State v. Ihde
...to the charge on which a criminal defendant is convicted should be recoverable under a restitution plan." We distinguish State v. Moore, 500 N.W.2d 75 (Iowa 1993), where defendant admitted involvement in all charges filed even though he only pled to some. There is no evidence defendant was ......