State v. Tucker
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The Supreme Court reversed the judgment of the district court ordering Defendant to pay $5,000 in restitution, holding that Defendant met his burden to present some evidence of compelling circumstances to prove the restitution was unworkable.
Defendant pleaded guilty to one count of capital murder. The district court sentenced Defendant to prison for life without parole and ordered him to pay restitution but without explicitly ordering payments from prison. The district court judge who had previously found Defendant indigent stated, "[a]nd I understand with the restitution of 5,000 that it will never be paid." The Supreme Court reversed, holding that, under the circumstances, the district court abused its discretion in ordering restitution.
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