STATE v. DRISCOLL

No. 12-1636.

839 N.W.2d 188 (2013)

STATE of Iowa, Appellee, v. Corey Douglas DRISCOLL, Appellant.

Supreme Court of Iowa.

November 1, 2013.


Attorney(s) appearing for the Case

Joshua J. Reicks and Steven J. Kahler of Schoenthaler, Bartelt, Kahler & Reicks, Maquoketa, for appellant.

Thomas J. Miller , Attorney General, Martha E. Trout , Assistant Attorney General, Christopher M. Raker , County Attorney, and Sara D. Davenport , Assistant County Attorney, for appellee.


APPEL, Justice.

In this case, we consider whether amounts paid by an offender pursuant to settlement agreements in civil wrongful-death actions prior to the offender's criminal conviction and sentencing should be set off against restitution orders entered as a result of the criminal convictions. The district court held that the amounts paid by the tortfeasor should not be set off against the subsequent restitution order. We conclude the criminal defendant is entitled...

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