State v. Alspach

NEUMAN, Justice.

The question is whether a defendant is entitled to appointment of counsel at a restitution hearing. The defendant, Pete Al-spach, contends that a restitution hearing is a critical stage of the criminal proceedings which, by statute, entitles him to the assistance of counsel. The State disagrees. We conclude that a defendant is entitled to court-appointed counsel when challenging restitution as a part of the original sentencing order, or supplemental orders, issued under Iowa Code section 910.3.

In June 1993, following a bench trial, Al-spach was found guilty of first-degree…