State v. SimpsonAnnotate this Case
Defendant pleaded guilty to one count of theft by a common scheme stemming from the theft of property from a salvage yard owned by Robert Appley. After a hearing, the district court ordered Defendant to pay a total of $31,878 to the victims. Defendant appealed the court’s order for restitution. The Supreme Court affirmed in part and reversed in part, holding (1) Defendant did not preserve his objection to the award of restitution for two victims based on their lack of affidavits or testimony; and (2) the district court’s restitution order to Appley for the value of scrap metal, road repairs, miscellaneous parts and radiators was supported by substantial evidence, but the court’s calculation of restitution for Appley for the value of two aluminum boats and a 1951 GMC truck was not supported by substantial evidence. Remanded.