North Dakota v. YoungbirdAnnotate this Case
Shalee Youngbird appealed an amended judgment to include restitution. Youngbird pled guilty to theft of property, reckless endangerment, and duty in accident involving death or personal injury. At the change of plea hearing, Youngbird pled guilty and the State presented the factual basis for Youngbird’s guilty plea. Youngbird agreed to this factual basis and the State provided a sentencing recommendation, which included restitution. The district court then sentenced Youngbird, informing the parties on the record that restitution would be left open for 90 days. Two months later, the State moved to amend the criminal judgment, requesting the court amend it to include restitution. Neither party requested a hearing on the motion, nor was a restitution hearing held. An order amending judgment to include restitution was filed, and a subsequent order amending judgment to include restitution, attributing the restitution to two of the counts, was filed a month later. Youngbird argued the district court lost jurisdiction to order restitution, erred in ordering restitution and erred in the amount of restitution, and erred by failing to hold a hearing on restitution. The North Dakota Supreme Court reversed the amended criminal judgment and remanded for a hearing on restitution.