Opinion
No. 3-320 / 02-0792
Filed August 13, 2003
Appeal from the Iowa District Court forMahaska County, Michael R. Mullins, James P. Rielly, and James Q. Blomgren, Judges.
Danny Lee Grimm challenges the inclusion of defense attorney fees in a restitution order. AFFIRMED.
Linda Del Gallo, State Appellate Defender, and Stephan Japuntich, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Martha Boesen, Assistant Attorney General, and Charles Stream, County Attorney, for appellee.
Considered by Harris, Snell, and Brown, Senior Judges.
Senior Judges assigned by order pursuant to Iowa Code section 602.9206 (2003).
There is but one issue preserved for review in this appeal to challenge a restitution order. When defendant Danny Lee Grimm pled guilty to second-degree robbery, he complained about the services of his court-appointed counsel, but conceded his dissatisfaction did not impact on his decision to plead. Grimm's sentencing counsel moved to withdraw, citing Grimm's dissatisfaction with his efforts. As a part of sentencing, Grimm was ordered to pay the costs of his prosecution, and he brings this appeal to challenge inclusion of defense attorney fees for services he did not wish or, in part, he considers not proven. Our review is on error. State v. Watts, 587 N.W.2d 750, 751 (Iowa 1998).
Restitution as a part of criminal sentencing is provided in Iowa Code section 910.2 (2003) and includes attorney fees. We are not persuaded by Grimm's assessment of counsel's professional efforts. The trial court's views in the matter, both as to appropriateness and hours expended, are supported by the record.