State v. Santillan

The Supreme Court affirmed the judgment of the district court sentencing Defendant to forty years’ incarceration, with ten years suspended, and requiring him to pay approximately $3.5 million in restitution.Defendant was found guilty by a jury of aggravated assault. After Defendant was sentenced he appealed, arguing (1) the district court improperly admitted testimony that Child Protective Services removed children from Defendant’s care, and (2) the district court erred by ordering him to pay restitution for the victim’s future psychiatric treatment, counseling, family and marriage counseling, group home care, and case management expenses because the award was speculative. The Supreme Court affirmed, holding (1) the district court admitted irrelevant testimony that the children were removed from Defendant’s care, but the error was harmless; and (2) the restitution award was adequate because the costs were derived using reasonable methods and the best evidence available under the circumstances. View "State v. Santillan" on Justia Law