North Dakota v. PagenkopfAnnotate this Case
Mark Pagenkopf appealed a district court’s amended criminal judgment awarding restitution. In March 2019, Pagenkopf pleaded guilty to unlawful entry into a vehicle and theft of property under $500. In October 2018, Pagenkopf broke into the victim’s 2005 Chrysler Sebring and damaged the radio, speedometer glass, and HVAC controls. He also stole $400 worth of property from the trunk of the car. The State sought restitution for the damages caused by Pagenkopf. Before the restitution hearing was held, the victim was involved in a car accident. As a result, the victim’s car was totaled, and the victim was paid $2,000 from insurance. The damages to the victim’s car caused by Pagenkopf had not been repaired before the accident. On appeal, Pagenkopf argued the district court abused its discretion in awarding restitution because the victim did not incur any actual expenses because she did not repair the damages and because her car was subsequently totaled. Pagenkopf further argued the court erred in determining N.D. Const. art. I, section 25 prohibited it from considering that the victim’s car was totaled subsequent to the damages caused by Pagenkopf. The North Dakota Supreme Court concluded the district court did not abuse its discretion by declining to consider the subsequent accident and awarding $2,314.35 in restitution.