State v. Taylor

Full title: STATE of Iowa, Plaintiff–Appellee, v. Ronald James TAYLOR…

Court: Court of Appeals of Iowa.

Date published: Apr 24, 2013

834 N.W.2d 83 (Iowa Ct. App. 2013)

Opinion

No. 12–1416.

2013-04-24

STATE of Iowa, Plaintiff–Appellee, v. Ronald James TAYLOR, Defendant–Appellant.

Appeal from the Iowa District Court for Buena Vista County, John P. Duffy, Judge. A defendant appeals the judgment against him. APPEAL DISMISSED. Mark C. Smith, State Appellate Defender, and Dennis D. Hendrickson, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Martha E. Trout, Assistant Attorney General, David Patton, County Attorney, and Elizabeth LaPole, Assistant County Attorney, for appellee.

Considered by VOGEL

Appeal from the Iowa District Court for Buena Vista County, John P. Duffy, Judge.
A defendant appeals the judgment against him. APPEAL DISMISSED.
Mark C. Smith, State Appellate Defender, and Dennis D. Hendrickson, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Martha E. Trout, Assistant Attorney General, David Patton, County Attorney, and Elizabeth LaPole, Assistant County Attorney, for appellee.
Considered by VOGEL, P.J., and VAITHESWARAN and BOWER, JJ.

VOGEL, P.J.

Ronald Taylor is attempting to appeal before a judgment has been entered. Having nothing to review, we must dismiss the appeal. Following his March 16, 2012, Alford plea, the district court sentenced Taylor on July 30 but “reserved ruling” on entering judgment on any claim the sheriff may file for room and board fees. On August 20, the sheriff completed a room and board reimbursement claim form that was served on Taylor and filed on November 28. However, the record before us does not show that the claim was ever approved by the district court. SeeIowa Code § 356.7(3) (2011) (“Upon receipt of a claim for reimbursement, the court shall approve the claim [for reimbursement of room and board] in favor of the sheriff ... Once approved by the court, the claim for the amount owed by the person shall have the force and effect of a judgment for purposes of enforcement by the sheriff or municipality.” (Emphasis added.)). Taylor's notice of appeal was filed July 30, well before the sheriff requested the court enter an order regarding room and board reimbursement.

There is no district court order for us to review, and therefore, this appeal is premature. See Recker v. Gustafson, 271 N.W.2d 738, 739 (Iowa 1978) (holding the appellate courts have no jurisdiction to entertain an appeal where there is no final judgment). We dismiss the appeal.

APPEAL DISMISSED.