State v. WinterAnnotate this Case
After a jury trial, Defendant was found guilty of two counts of deliberate homicide. The Supreme Court remanded the case to correct illegal portions of the sentence. On remand, the district court filed a first amended judgment and sentence sentencing Defendant to a term of commitment and recommending conditions of parole and ordering conditions of probation, one of which was payment of restitution. Because the district court never specified the amount of restitution to be paid, the State filed a motion for a ruling on restitution. The district court then entered a second amended judgment and sentence ordering Defendant to pay $16,361 in restitution. The Supreme Court affirmed, holding that the district court (1) had the authority to specify in its second amended judgment and sentence the total amount of restitution; (2) did not err by recommending parole restrictions; and (3) did not improperly base the length of Defendant’s sentence on the amount of time it would take her to pay restitution.