State v. Starkey

LAVORATO, Justice.

In this single issue appeal, we are called upon to decide whether our criminal restitution statute applies to a hit-and-run conviction. The district court decided it did. Under the facts in this case, we disagree and reverse.

In the early morning of April 25, 1987, Debra Shapley’s car was parked along a highway in Cerro Gordo County as she changed a tire. Clyde H. Starkey, Jr., who had been drinking, hit her with his car and continued into nearby Floyd County without stopping. There, he was arrested and charged with operating while intoxicated. See Iowa Code § 321J.2 (1987).…