State v. Watson
2011 Iowa App. LEXIS 134
| Iowa Ct. App. | 2011Background
- Watson was convicted of third-degree sexual abuse in Iowa.
- As part of sentence, Watson was ordered to pay restitution to the clerk of court for court costs, including $400 for extradition transportation from Illinois.
- Watson challenged the restitution order, arguing extradition costs are not authorized by statute.
- The court reviews for errors of law because restitution is statutory and the district court’s authority is at issue.
- Iowa Code chapter 910 defines criminal restitution and enumerates certain recoverable costs; extradition costs are not expressly listed.
- Extradition costs are addressed by Iowa Code chapters 818 and 820, but those statutes do not authorize restitution to a defendant for extradition expenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are extradition costs recoverable as restitution under §910.1(4)? | Watson argues extradition costs are not listed in §910.1(4). | State contends extradition costs fall under ‘court costs including correctional fees’ in §910.1(4). | Extradition costs are not authorized as restitution. |
| Does §356.7 authorize restitution for extradition costs via correctional fees? | N/A (Watson); focus on construction of statute if applicable. | State argues correctional fees could cover arrest/booking costs, potentially including extradition. | Extradition transportation costs are not within §356.7(7)’s correctional-fee scope. |
| May Iowa case law support broader restitution to include extradition costs? | Bonstetter/Knudsen prohibit broad recovery beyond enumerated costs. | Some jurisdictions allow broader recoveries for extradition costs, but not Iowa. | Iowa law does not authorize extradition as restitution; court must vacate that portion. |
Key Cases Cited
- State v. Bonstetter, 637 N.W.2d 161 (Iowa 2001) (restitution statute interpreted strictly; non-enumerated damages not recoverable)
- State v. Knudsen, 746 N.W.2d 608 (Iowa Ct.App.2008) (restitution not broad enough to include guardian ad litem fee)
- City of Cedar Rapids v. Linn County, 267 N.W.2d 673 (Iowa 1978) (statutory costs provision for civil cases interpreted narrowly)
- State v. Jenkins, 788 N.W.2d 640 (Iowa 2010) (summarizes history and framework of criminal restitution under §910)