Opinion
No. 5-023 / 04-0569
Filed January 26, 2005
Appeal from the District Court for Adams County, John D. Lloyd, Judge.
Aaron Michael Gray appeals from the district court ruling denying his petition for restitution rehearing. AFFIRMED.
Douglas Daggett, Creston, for appellant.
Thomas J. Miller, Attorney General, Martha Boesen, Assistant Attorney General, and Jeffrey Millhollin, County Attorney, for appellee.
Considered by Huitink, P.J., and Miller and Eisenhauer, JJ.
Aaron Michael Gray seeks to have a restitution hearing six years after he was discharged from probation. The trial court dismissed the action as untimely. We review for correction of errors at law. State v. Bradley, 637 N.W.2d 206, 210 (Iowa Ct.App. 2001).
Gray committed several acts of vandalism in July 1993. He was charged with and pled guilty to fourth-degree criminal mischief. Gray was sentenced to one year imprisonment and ordered to make restitution to the victim.
On August 19, 1997, Gray signed and filed a judgment by confession granting judgment in favor of the State of Iowa for $13,533.47. The amount included restitution for the criminal mischief case, as well as a related case in which Gray pled guilty to third-degree burglary. In return, Gray was discharged from probation on the same date, with the understanding he was to continue to pay restitution.
In December 2003, Gray filed a petition for restitution hearing, which the court denied as untimely. Gray appeals and we affirm. Iowa Code section 910.7(1) allows an offender to petition the court on any matter related to a restitution plan during "the period of probation, parole, or incarceration. . . ." Gray was discharged from probation in 1997. His petition filed in 2003 is therefore untimely.