IN THE SUPREME COURT OF IOWA No. 17–1909 Monona County No. SRCR016184

STATE OF IOWA, CLERK OF SUPREME COURT

Appellee, vs. LORI DEE MATHES, Appellant.

The court, McDermott, J., taking no part, being evenly divided, declares this case affirmed by operation of law. See Iowa Code § 602.4107 (2020).

Christensen, C.J., and Waterman and Mansfield, JJ., would affirm the MAY 08, 2020

court of appeals decision dismissing the appeal from the district court order assessing court costs; Appel, McDonald, and Oxley, JJ., would vacate the court of appeals decision and vacate the district court’s cost award. “When the supreme court is equally divided on an issue . . . , the decision of the district court is affirmed by operation of law.” State v. Effler, 769 N.W.2d 880, 884 (Iowa ELECTRONICALLY FILED

2009).

Copies to: Rees Conrad Douglas The Benson Building Douglas Street, Suite 323 Sioux City, IA 51101 Kevin Cmelik Martha E. Trout Assistant Attorneys General Criminal Appeals Division Second Floor, Hoover Building Des Moines, IA 50319

So Ordered

Electronically signed on 2020-05-08 07:57:44