State v. Esch
Annotate this CaseAfter a jury trial, Defendant was convicted of felony criminal mischief and use of a weapon to commit a felony. Defendant appealed. The Court of Appeals vacated Defendant’s sentence for criminal mischief as well as Defendant’s conviction and sentence for use of a weapon to commit a felony and remanded for a new trial on the issue of the amount of pecuniary loss caused by Defendant’s criminal mischief. On remand, the district court found Defendant guilty of both felony criminal mischief and use of a weapon to commit a felony, finding that the pecuniary loss caused by the criminal mischief was equal to or greater than $1,500. The court imposed the same sentences that had been pronounced after the jury trial, including an order to pay restitution in the amount of $7,500. The Supreme Court (1) reversed the conviction for use of a weapon to commit a felony and remanded with directions to vacate the conviction, holding there was insufficient evidence presented at the new trial to support the conviction and that Double Jeopardy prevented prohibited a retrial on the charge; and (2) there was sufficient evidence to support the amount of restitution ordered with respect to the felony criminal mischief conviction.
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