State v. Cole
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The Supreme Court reversed the judgment of the district court ordering Defendant to pay $31,903 in restitution for losses resulting from offenses committed by another, holding that the district court erred in ordering Defendant to pay restitution.
Defendant pled guilty to criminal possession of dangerous drugs and criminal possession of drug paraphernalia. At sentencing, the parties disagreed as to restitution for costs associated with remediating a co-defendant's apartment from methamphetamine contamination. The district court imposed the restitution requested by the State. On appeal, Defendant argued that the court erred in requiring him to pay restitution for losses committed by another absent evidence of criminal accountability or a causal connection between his offense and those losses. The Supreme Court agreed, holding that the State failed to establish a causal link between Defendant's admitted possession of methamphetamine and the rehabilitation claimed.
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