State v. FennerAnnotate this Case
Defendant pleaded guilty to one count of assault with a weapon and one count of criminal mischief. An affidavit by the victim indicated that he suffered $6,418 in medical and dental expenses related to the assault, but the victim’s insurer paid for some portion of that total. The district court required Defendant to pay $6,418 in restitution to the victim. Defendant appealed, arguing that his restitution to the victim should be reduced by the amount paid by the insurer. The Supreme Court affirmed, holding that the district court correctly applied the law in determining that Defendant was not entitled to an offset in his restitution based on the victim’s insurance compensation, as the victim and his insurer were entitled to any damages that could be pursued against Defendant in a civil action, regardless of any subrogation issues between them.