New Hampshire v. BentAnnotate this Case
Defendant Daniel Bent was convicted by a jury on one count of second degree assault and three counts of reckless conduct. In 2007, the superior curt sentenced him to three to six years in the state prison, and ordered him to pay restitution, plus a statutory administrative fee. The victim of the assault brought a civil suit against Defendant, his employer and the employer's insurance carrier. The parties came to a settlement agreement. In 2010, Defendant moved the court to vacate the restitution order as a result of the settlement reached in his case. Following a hearing, the court denied his motion. After a request for clarification of its order, the court set an amount for restitution. On appeal, Defendant argued that the trial court erred in setting the amount of restitution because the State did not meet its burden of demonstrating the amount of the victim's economic loss that could be attributed to the assault. Furthermore, Defendant argued that even if the record supported the amount set, the trial court erred in setting an amount without determining whether it would be a double recovery to the victim. Finding that the trial court had not determined the amount of restitution to be set in Defendant's case, nor whether any portion of that amount would result in a double recovery to the victim, the Supreme Court vacated the trial court's decision and remanded the case for further proceedings.