952 N.W.2d 141
Iowa2020Background
- Shackford was tried and convicted on two counts; count II (intimidation with a dangerous weapon) was a "forcible felony," which rendered him ineligible for bond after trial and led to 84 days of posttrial county jail confinement.
- The Polk County Sheriff filed two reimbursement claims under Iowa Code § 356.7: $135 for pretrial detention and $4,935 for the 84 posttrial days; the district court approved both claims in June 2017.
- The court of appeals later reversed conviction on count II for insufficient evidence and remanded for resentencing on the remaining count I. At resentencing the district court did not remove or apportion the § 356.7 jail fees, and the clerk’s financial report continued to show the $4,935 charge.
- On appeal the court of appeals held Shackford was entitled to a reasonable-ability-to-pay hearing on court costs but upheld the posttrial jail-fee reimbursement because Shackford was "convicted" at the time the fees were assessed.
- The Iowa Supreme Court granted further review to address (1) whether it had jurisdiction to consider the jail-fee order in the resentencing appeal, (2) whether Shackford preserved the challenge, and (3) whether § 356.7 claims must be apportioned between convicted and dismissed counts.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Shackford) | Held |
|---|---|---|---|
| Jurisdiction to review § 356.7 jail-fee order on resentencing appeal | The § 356.7 award is effectively a collateral civil judgment (enforceable like a civil judgment) and not part of the criminal sentence, so it must be appealed separately. | The § 356.7 claim was entered in the criminal case and is tethered to the convictions; when the criminal judgment was vacated and the case remanded for resentencing the district court retained jurisdiction over related jail-fee matters, so the issue is properly before the resentencing appeal. | Court: jurisdiction exists to review the jail-fee award in the resentencing appeal under the pre-2020 statute because the fee order remained part of the criminal case and the resentencing could have addressed it. |
| Error preservation — needed to raise jail-fee elimination at resentencing? | Shackford should have asked the district court at resentencing to remove the count-II fees; otherwise the issue is waived. | Under the circumstances (vacated judgment, unclear status of § 356.7 awards pre-Gross, clerk’s financial report filed post-resentencing), Shackford was not required to raise the issue at sentencing and may raise it on appeal. | Court: excused preservation; Shackford may challenge the jail fees on appeal. |
| Whether § 356.7 reimbursement claims must be apportioned between convicted and dismissed counts (analogous to Petrie restitution apportionment) | Because Shackford was convicted at the time the fees were assessed, the fees are valid and not subject to apportionment. | § 356.7 contains the same conviction-based limitation as restitution statutes; fees attributable solely to the count later vacated/acquitted must be eliminated or apportioned. | Court: Adopted apportionment rule for § 356.7 claims—fees must be apportioned between convicted counts and dismissed counts; reversed $4,935 in posttrial fees tied solely to the vacated count II. |
| Due process challenge to pretrial $135 jail fee | Fees were properly assessed under § 356.7. | The $135 pretrial fee was imposed without notice or due process. | Court: declined to address due process issue here; reserved for another case. |
Key Cases Cited
- State v. Gross, 935 N.W.2d 695 (Iowa 2019) (discusses the hybrid civil/criminal nature of § 356.7 claims and enforcement options)
- State v. Petrie, 478 N.W.2d 620 (Iowa 1991) (requires restitution costs be tied to counts of conviction and apportioned when not clearly attributable)
- State v. McMurry, 925 N.W.2d 592 (Iowa 2019) (clarifies when whole costs may be charged if costs would have been incurred regardless of dismissed counts)
- State v. Jackson, 601 N.W.2d 354 (Iowa 1999) (§ 356.7 permits collection of pretrial jail fees only if defendant is later convicted; conviction is the operative fact)
- State v. Olsen, 794 N.W.2d 285 (Iowa 2011) (untimely appeals of collateral postjudgment cost orders deprive the court of jurisdiction)