STATE v. HARRISON

No. 83-752.

351 N.W.2d 526 (1984)

STATE of Iowa, Appellee, v. Edward Green HARRISON, Appellant.

Supreme Court of Iowa.

July 18, 1984.


Attorney(s) appearing for the Case

Charles L. Harrington, Appellate Defender, and LuAnn White, Asst. Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Sherie Barnett, Asst. Atty. Gen., and Gary Sissel, Asst. County Atty., for appellee.

Considered by HARRIS, P.J., and McCORMICK, McGIVERIN, LARSON and CARTER, JJ.


McCORMICK, Justice.

We must determine here whether a sentencing court has discretion to order less than full restitution for court costs and court-appointed attorney fees. The trial court believed full restitution is mandatory. Because we find that a sentencing court is required to consider the offender's ability to make the payments, we vacate the restitution order and remand for determination of the amount with consideration of defendant's reasonable ability to...

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