Idaho v. HessAnnotate this Case
Richard Hess appealed an order of restitution entered against him following his guilty plea to trafficking heroin. Hess relied on the Idaho Supreme Court’s decision in Idaho v. Nelson, 390 P.3d 418 (2017), to argue that there was insufficient evidence to support all but $1,500 of the award. The Court of Appeals reversed the restitution order, and the Supreme Court granted the State’s timely petition for review. The Court determined that $500 of the district court’s award of investigation costs was unsupported by the evidence. However, the district court correctly awarded the remaining amounts of restitution because: (1) Hess failed to preserve his foundational objections; and (2) substantial evidence supported the remainder of the award.