State v. Dubois
Annotate this CaseDefendant pleaded guilty to theft in the third degree. The district court sentenced Defendant to a suspended term of imprisonment and ordered that he pay $2950 in restitution to the victim. At a hearing, the victim stated that she had an insurance policy that had a deductible in the amount of $1000 but that she had not filed a claim with her insurance company for the stolen items. Following the hearing, the district court ordered Defendant to pay $2001 in restitution. Defendant appealed, arguing that the restitution award should be limited to reflect only losses not covered by insurance. The Supreme Court affirmed, holding that the victim was entitled to seek full restitution from Defendant for damages not paid by her insurer and that the victim was under no obligation to act for Defendant’s benefit by seeking coverage for her losses.
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