STATE v. CHASE

No. 89-56.

451 N.W.2d 493 (1990)

STATE of Iowa, Appellee, v. John Earl CHASE, Appellant.

Supreme Court of Iowa.

February 21, 1990.


Attorney(s) appearing for the Case

Leslie Babich and Connie A. Newlin of Babich, Bennett, Nickerson & Newlin, Des Moines, for appellant.

Thomas J. Miller, Atty. Gen., Mark Joel Zbieroski, Asst. Atty. Gen., James Smith, County Atty., and Melodee Hanes, Asst. County Atty., for appellee.

Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, NEUMAN, and ANDREASEN, JJ.


HARRIS, Justice.

The question is whether the discharge of a criminal defendant from probation left intact a victim restitution plan. The order of discharge was silent on the question but the court later entered a nunc pro tune order continuing restitution payments. The nunc pro tune order recited that the court had intended payments to continue when probation ended. The defendant appeals, asserting that the order of discharge closed the criminal proceeding.

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