STATE v. ALSPACH

No. 95-647.

554 N.W.2d 882 (1996)

STATE of Iowa, Appellee, v. Pete M. ALSPACH, Appellant.

Supreme Court of Iowa.

October 23, 1996.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Andi S. Lipman, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Martha E. Boesen, Assistant Attorney General, and Lee E. Poppen, County Attorney, for appellee.

Considered by McGIVERIN, C.J., and LARSON, NEUMAN, SNELL, and ANDREASEN, JJ.


NEUMAN, Justice.

The question is whether a defendant is entitled to appointment of counsel at a restitution hearing. The defendant, Pete Alspach, contends that a restitution hearing is a critical stage of the criminal proceedings which, by statute, entitles him to the assistance of counsel. The State disagrees. We conclude that a defendant is entitled to court-appointed counsel when challenging restitution as a part of the original sentencing order, or supplemental...

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