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State v. Bradley8/29/2001
Appeal from the Iowa District Court for Polk County, Donna L. Paulsen, Judge.
The defendant appeals the district court's denial of his request for a restitution hearing and stay.
AFFIRMED.
Steven Dale Bradley appeals the district court denial of his petition to stay his restitution obligation and to grant him a restitution hearing pursuant to Iowa Code Chapter 910. Because we find the petition did not contain a viable basis to challenge the restitution order, we affirm the district court.
Background Facts and Proceedings.
In 1994 Bradley and three co- defendants were charged with two counts of first-degree kidnapping and one count of first-degree murder, based on allegations the four kidnapped and murdered two elderly Des Moines women, Clara Baker and Phyllis King. The murder charge arose out of the death of Baker only, as King was killed in Missouri. Bradley entered into an agreement with the State whereby he would plead guilty to first-degree murder in exchange for dismissal of both kidnapping counts. The plea agreement also stated Bradley would be pleading guilty to first-degree murder in Missouri, for the death of King, in an effort to avoid that state's death penalty. The State agreed to recommend that the Iowa sentence run concurrent with the one imposed in Missouri. The agreement was silent as to restitution.
At the February 1, 1995, Iowa plea proceedings, Bradley admitted he began his participation in the chain of events with foreknowledge that a co-defendant intended to kill King. He admitted to his voluntary participation in the abductions, acknowledging his understanding that, once Baker had been taken, his co-defendant would kill Baker as well. He then entered a guilty plea to first-degree murder in Iowa for the death of Baker, and the two kidnapping charges were dismissed. Eight days later he entered a guilty plea to first-degree murder in Missouri for the death of King.
On February 10, 1995, the Iowa district court sentenced Bradley to life in prison for Baker's murder, the sentence to run concurrent with the life sentence imposed in Missouri. The court directed Bradley to pay the fees of his court-appointed attorney to the extent he was reasonably able to do so, assessed him the court costs, and directed him to make restitution in both its written order and oral recitation: "Defendant is ordered to make restitution. The amounts of restitution are not available at this time. At such time as the amounts are available, a supplemental order will follow."
On October 10, 1997, the State moved to amend Bradley's sentence to include restitution to the crime victim compensation program: $1,645.65 for payment made to Hamilton's Funeral Home, and $4,979.50 for payment made to Watts Funeral Home. The court granted the State's motion, subject to Bradley's right to object within thirty days. No objection was made. The Department of Correctional Services subsequently entered an amended restitution plan, which included the crime victim assistance payments and $501.82 in court costs. Court-appointed attorney fees were later assessed at $10,503.50.
Bradley filed a pro se petition for a Chapter 910 restitution hearing, which included a request for a stay of his restitution obligation. The original petition, filed April 10, 2000, was supplemented on May 2, 2000. In his petition Bradley forwarded a number of grounds that essentially challenged the propriety of ordering $6,625.15 in restitution to the crime victim compensation program, but arguably directed a vague attack on the court costs and attorney fees as well. The district court denied Bradley's petition on two grounds, ruling the request unti
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