State v. AragonAnnotate this Case
Defendant pled guilty in justice court to DUI and reckless driving, second offense, after driving off the road and colliding with Barbara Turcotte’s garage. After a restitution hearing at which the justice court considered a victim’s loss statement as evidence, the court ordered that Defendant owed an additional $1,911 in restitution above the amount covered by his insurance. The district court affirmed. At issue on appeal was whether the district court erred in affirming the award of restitution, where there was a difference between Defendant’s insurance company’s estimate of the damage to the garage and Turcotte’s estimate. The Supreme Court reversed, holding that substantial evidence did not support the award of restitution in this case, where the evidence before the court was conflicting and no other testimony or evidence was available to be examined or reviewed as to the discrepancy. Remanded.