State v. Lessner

The question raised in this appeal is whether the district court retains jurisdiction to conduct a hearing on restitution defendant allegedly owed a crime victim while the defendant’s appeal of the criminal case is pending. We determine under the facts of this case the district court erred in finding it was without jurisdiction to hold a hearing on restitution while the criminal appeal was pending. We reverse and remand to the district court.

Defendant-Appellant Nicolas Lessner pled guilty to assault with intent to commit sexual abuse, in violation of Iowa Code section 709 .11 (1997). On April…