State v. Arnett
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The Supreme Court affirmed the judgment of the court of appeals affirming the restitution ordered against Petitioner by the district court, holding that the restitution did not violate Petitioner's right to a jury under both the Sixth Amendment of the United States Constitution and section 5 of the Kansas Constitution Bill of Rights.
Defendant pled guilty to one count of conspiracy to commit burglary for providing the car which her boyfriend used to burglarize two houses. The boyfriend paid Defendant $200 when he returned the car. The district court ordered that Defendant and her codefendants pay the full amount of the State's requested restitution, $33,249, jointly and severally. The court of appeals affirmed. The Supreme Court affirmed, holding (1) criminal restitution does not violate the Sixth Amendment to the United States Constitution; and (2) the current structure of criminal restitution violates section 5 of the Kansas Constitution Bill of Rights but is remedied by severance.
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