State of Iowa v. Allison Miranda Hedgepeth
16-1302
| Iowa Ct. App. | Apr 5, 2017Background
- Allison Hedgepeth was charged with assault causing bodily injury after a bar altercation; she pled guilty to disorderly conduct and received unsupervised probation.
- The district court reserved restitution and scheduled a later hearing to determine the amount.
- The victim submitted a statement seeking rhinoplasty for a broken nose, providing a $5,400 cost estimate and acknowledging the procedure was not medically necessary and not yet scheduled.
- At the restitution hearing the court expressed uncertainty about the actual cost and entered an order requiring Hedgepeth to reimburse the victim “up to $5,400,” with funds to be held in trust because the actual cost was unknown.
- Hedgepeth filed a notice of appeal from the restitution order asserting it was final; the State defended the restitution order.
- The court of appeals considered whether the restitution order was final and thus appealable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the restitution order is final and appealable | State: order sufficiently determined restitution (implicitly contesting lack of finality) | Hedgepeth: appealed the restitution order as a final ruling | The order is not final; appeal dismissed |
| Whether the order fixed an exact restitution amount | State: (implicit) the up-to amount was sufficient | Hedgepeth: appealed the court’s restitution determination | Court: "up to $5,400" with unknown actual cost did not completely determine amount |
| Whether interlocutory review should be allowed | State: did not show interlocutory review necessary | Hedgepeth: sought appellate review now via notice of appeal | Court: interlocutory appeal inappropriate given plainly nonfinal order and statutory remedy available |
| Whether statutory remedy (modification) affects reviewability | State: statutory modification remedy undercuts need for immediate review | Hedgepeth: still pursued immediate appeal | Court: Iowa Code § 910.7 permits post-sentence modification; appellant must exhaust that remedy before appellate review |
Key Cases Cited
- River Excursions, Inc. v. City of Davenport, 359 N.W.2d 475 (Iowa 1984) (only final judgments are appealable; court will dismiss sua sponte nonfinal appeals)
- In re Marriage of Graziano, 573 N.W.2d 598 (Iowa 1998) (interlocutory appeal standards and when finality is a close question)
- State v. Jackson, 601 N.W.2d 354 (Iowa 1999) (restitution appeals premature when plan is incomplete; § 910.7 allows modification)
- State v. Swartz, 601 N.W.2d 348 (Iowa 1999) (same rule: restitution order not reviewable until complete and statutory remedies exhausted)