State v. Martin

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The Supreme Court reversed the decision of the court of appeals affirming the judgment of the district court ordering Defendant to pay $10,800 in restitution to a couple with whom Defendant and her daughter had been living at the time Defendant committed the crimes for which she was convicted, holding that Defendant should have been giving a hearing on the restitution issue.Defendant pled nolo contendere to two counts of interfering with law enforcement by falsely reporting a crime. After the district court sentenced Defendant, Defendant appealed the restitution order, arguing that the district court erred by declining to conduct a restitution hearing at which Defendant was present and by ordering a restitution plan that was unworkable. The court of appeals affirmed. The Supreme Court vacated the restitution order and remanded for the district court to conduct a restitution hearing, holding that the district court’s summary holding that the appropriate amount of restitution would necessarily exceed Defendant’s ability to pay was apparently based on an incorrect legal hearing. View "State v. Martin" on Justia Law