State v. Street
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The Supreme Court affirmed the restitution component of Defendant's sentence, holding that the county court did not abuse its discretion in ordering restitution, but remanded the matter with directions to modify the written judgment to conform to the pronounced sentence.
Defendant was convicted of leaving the scene of an accident and reckless driving after crashing into the victim's unoccupied vehicle and fleeing the scene by foot. The county court ordered restitution in the amount of $10,347, the cost of repairing the vehicle. The district court affirmed. Defendant appealed, arguing the district court erred in affirming the restitution order because there was insufficient evidence of actual damages to warrant the restitution and because he was not capable of paying the restitution ordered. The court of appeals affirmed. The Supreme Court affirmed and remanded the case, holding (1) the county court did not abuse its discretion in its calculation of the amount of the victim's "actual damages"; (2) the county court did not abuse its discretion in its consideration of Defendant's ability to pay the sentence of restitution; and (3) there was plain error in the county court's failure to conform the written judgment to the pronounced judgment.
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