State v. MartinAnnotate this Case
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.