STATE v. STARKEY

No. 88-659.

437 N.W.2d 573 (1989)

STATE of Iowa, Appellee, v. Clyde H. STARKEY, Jr., Appellant.

Supreme Court of Iowa.

March 22, 1989.


Attorney(s) appearing for the Case

Raymond E. Rogers, Acting Appellate Defender, and Linda Del Gallo, Asst. Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Sarah J. Coats, Asst. Atty. Gen., Paul L. Martin, County Atty., and Candila C. Schickel, Asst. County Atty., for appellee.

Considered by LARSON, P.J., and CARTER, LAVORATO, SNELL, and ANDREASEN, JJ.


LAVORATO, Justice.

In this single issue appeal, we are called upon to decide whether our criminal restitution statute applies to a hit-and-run conviction. The district court decided it did. Under the facts in this case, we disagree and reverse.

In the early morning of April 25, 1987, Debra Shapley's car was parked along a highway in Cerro Gordo County as she changed a tire. Clyde H. Starkey, Jr., who had been drinking, hit her with his car and continued into...

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