State of Iowa v. Quinten Brice McMurry, 925 N.W.2d 592

Quinten McMurry was charged in a three-count trial information (false report, threats, harassment); harassment later dismissed and, at plea, he entered an Alford plea to false report while threats were dismissed. He also stipulated to probation violation from a prior deferred judgment.
At sentencing the district court imposed suspended consecutive sentences with probation and ordered restitution including court costs and court-appointed attorney fees; the order left specific amounts to be determined (clerk to assess; fees to be later determined).
The clerk later assessed $220 in court costs (a $100 filing/docket fee and three $40 court reporter fees). The district court also found McMurry had the reasonable ability to pay attorney fees, but the fees’ amount had not yet been fixed.
McMurry appealed, arguing (inter alia) that (1) the court improperly taxed full court costs for a multi-count prosecution when two counts were dismissed (he sought proportional apportionment), and (2) the court erred in finding he could pay court-appointed attorney fees before the fees were determined.
The Iowa Supreme Court reviewed primarily the apportionment-of-costs and attorney-fee issues, affirmed that factual-basis and probation-term rulings were correct, modified the court’s prior approach to apportionment, upheld the $220 court costs, but reversed and remanded as to attorney-fee restitution because the court must determine the fee amount before deciding the offender’s ability to pay.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether court costs must be apportioned in a multicount prosecution when some counts are dismissed	State: restitution authority applies to the criminal case as a whole; conviction in the case authorizes taxation of costs for the case (no automatic apportionment)	McMurry: court must apportion total costs proportionally among counts when some counts are dismissed (Petrie rule)	Court modified Petrie: apportionment remains available but only when equitable circumstances tie specific costs to dismissed counts; fees/costs that would have been incurred regardless of dismissed counts may be fully taxed to the offender — court costs ($220) upheld
Whether the sentencing court may find defendant has the reasonable ability to pay court‑appointed attorney fees before the fee amount is determined	State: court may order restitution items and find ability to pay	McMurry: court erred by finding ability to pay before fee total was known	Reversed and remanded: sentencing court must have all restitution items (including fee totals) before making the ability‑to‑pay determination; remand for resentencing on attorney fees
Whether plea to child endangerment lacked factual basis / whether probation placement was abuse of discretion	State: factual basis and probation terms were proper	McMurry: ineffective assistance / improper probation term	Affirmed: court found factual basis and probation placement appropriate

State v. Petrie, 478 N.W.2d 620 (Iowa 1991) (recognized limited equitable apportionment of costs/fees in multicount prosecutions)
State v. Basinger, 721 N.W.2d 783 (Iowa 2006) (rejected apportionment of costs among separately tried/treated cases consolidated for trial)
State v. McFarland, 721 N.W.2d 793 (Iowa 2006) (applied one‑fee‑per‑case approach when multiple counts arose across cases)
City of Cedar Rapids v. Linn County, 267 N.W.2d 673 (Iowa 1978) (court costs taxable only as authorized by statute)
Belle v. State, 60 N.W. 525 (Iowa 1894) (historical articulation that criminal outcomes were generally guilty or not guilty; limited apportionment recognized later)