State v. Delong
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The Supreme Court vacated the judgment of the district court ordering restitution in the amount of $2740.95 based upon testimony and exhibits submitted by the Crime Victim Compensation Program (CVCP), holding that the restitution order was not supported by substantial evidence.
Defendant was convicted of sexual abuse in the third degree and supplying alcohol to a minor. The State filed a motion for restitution. The district court approved of the restitution claim in its entirety, largely relying on testimony about the general process conducted by the CVCP in evaluating potential restitution. The Supreme Court vacated the restitution order, holding (1) the CVCP fell short of establishing restitution in the amount of $2740.95; and (2) based on the Court's review of the record, the record supported only $285.50 in restitution.
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