State of Iowa vs. Hillary Lee Tyler

IN THE SUPREME COURT OF IOWA
No. 13–0830
Filed June 30, 2015
STATE OF IOWA,
Appellee,
vs.
HILLARY LEE TYLER,
Appellant.
On review from the Iowa Court of Appeals.
Appeal from the Iowa District Court for Webster County, Thomas J.
Bice, Judge.
Defendant appeals and State cross-appeals district court
restitution order requiring defendant pay restitution to the Crime Victim
Compensation Program. DISTRICT COURT JUDGMENT REVERSED.
Mark C. Smith, State Appellate Defender, and Maria Ruhtenberg,
Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Tyler J. Buller and Laura
Roan, Assistant Attorneys General, and Ricki Osborn and Cori Kuhn
Coleman, County Attorneys, for appellee.

-- 1 of 2 --

2
PER CURIAM.
Based on our decision in State v. Tyler, ___ N.W.2d ___ (Iowa 2015),
we reverse the district court’s restitution order requiring Hillary Tyler to
pay restitution to the Crime Victim Compensation Program. Restitution
is contingent on the entry of “a plea of guilty, verdict of guilty, or special
verdict upon which a judgment of conviction is rendered.” Iowa
Code § 910.2(1) (2013). Therefore, because we reverse and remand the
underlying criminal case for a new trial, there is no plea of guilty, verdict
of guilty, or special verdict upon which a judgment of conviction was
rendered so as to authorize restitution at this time. We reverse the
judgment of the district court.
DISTRICT COURT JUDGMENT REVERSED.
This opinion shall not be published.

-- 2 of 2 --