State v. ArnettAnnotate this Case
The Supreme Court reversed the decision of the court of appeals vacating the district court’s order of restitution, holding that the court of appeals erred in ruling that the restitution statute requires a direct causal connection between the crime and the damages.
Defendant pleaded guilty to conspiracy to commit burglary. The district court sentenced Defendant to a term of imprisonment, suspended in favor of probation, and imposed restitution. The court of appeals concluded that because Defendant was not liable for the entire restitution amount, the district court erred in ordering her to pay restitution. The Supreme Court reversed the court of appeals’ decision ruling that conspiracy to commit burglary does not legally cause damages that result from a corresponding burglary, theft or criminal damage to property, holding that the causal link between a defendant’s crime and the restitution damages for which the defendant is held liable must satisfy the traditional elements of proximate cause: cause-in-fact and legal causation.