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STATE v. BLAKLEY6/21/1995
In this discretionary review, we must decide whether the State's motion to amend sentence to include restitution was untimely under Iowa Code section 910.3 (1993). The district court thought so and refused to allow the State's requested amendment because it was filed some nine months after sentencing.
We conclude the district court erred in interpreting section 910.3. We reverse the district court's order denying the State's sentencing amendment. We remand for hearing on the defendant's remaining objection to the State's motion.
On the evening of February 26, 1993, Iowa City police officers responded to an emergency call. At the scene they discovered a man bleeding from a deep gash on his left temple. The victim identified two individuals as his attackers. One of them was Judith Ann Blakley.
On March 22, 1993, the State filed a single-count trial information against Blakley, alleging assault causing injury . See Iowa Code §§ 708.1(1), 708.2(2), and 703.1. Blakley initially entered a plea of not guilty. On August 17, 1993, Blakley entered a change of plea and submitted a written plea of guilty to the charge. The plea agreement contained the State's recommendation that Blakley pay restitution.
The court accepted the plea agreement. In the "change of plea, judgment and sentence," the court ordered Blakley to "pay appropriate restitution to the victim." The document also advised Blakley that " f there is a dispute as to the amount of restitution, further hearing will be scheduled." In the notice to Blakley of payment due, the Johnson county clerk of court indicated the amount of victim restitution was "to be determined."
On May 23, 1994 — about nine months later — the State moved to amend
the sentence of the defendant to reflect crime victim assistance program restitution in the amount noted on the attached statement of pecuniary damages. The amendment is requested for the reason that an award has been made by the crime victim assistance program on behalf of the victim in this case.
The motion states further that " his amendment is submitted in addition to previously ordered restitution as the crime victim assistance program has paid additional compensation [534 NW2d Page 647]
since the time of sentencing." (Emphasis added.)
Attached to the motion is a document captioned "statement of pecuniary damages." In it, the county attorney states that the crime victim assistance program "has paid $357.40 as the result of defendant's criminal activities and is entitled to restitution. A summary of the payments to be reimbursed is attached." The attached summary indicates that on May 12, 1994, the crime victim assistance program paid the University of Iowa Hospitals $357.40.
The court granted the State's motion to amend sentence to include this amount unless Blakley objected within ten days from the filing date of its order. Blakley did object in a timely manner. Her objections were two. First, she contended that the University of Iowa Hospitals was not a "victim" under any chapter 910 definition. Second, she contended that the State's motion was untimely under chapter 910. At the hearing on the State's motion to amend, the court concluded the motion was untimely under section 910.3.
The State filed a petition for a writ of certiorari and a request for discretionary review, challenging the district court's order denying its motion to amend. We granted the request for discretionary review in a single-justice ruling. Blakley applied to us for review of the single-justice ruling, which the State resisted. A three-justice panel affirmed the single-justice ruling.
Interp
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