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State v. Dexter12/19/2003
Pursuant to a plea agreement, Gary Lynn Dexter pled guilty to one count of impairing a security interest; six additional counts of impairing a security interest were dismissed. As a condition of probation the district court imposed restitution based on all seven counts.
On direct appeal, the Court of Appeals affirmed, holding that: (1) the discharge in bankruptcy of the debts which gave rise to the security interest did not preclude an order of restitution; (2) the district court had authority to order restitution on charges dismissed as part of a plea agreement; and (3) judicial misconduct did not prevent a fair hearing. State v. Dexter, No. 86,324, unpublished opinion filed April 25, 2003. This court granted Dexter's petition for review in which he challenged only the last two portions of the Court of Appeals' ruling.
We reverse, finding that under the facts of this case the trial court did not have authority to order full restitution on the dismissed charges because Dexter did not agree as part of the plea agreement to pay full restitution on the dismissed counts and the full loss was not caused entirely by the crime to which he pled guilty.
Facts
Gary Lynn Dexter was a self-employed car salesman in Winfield. The State Bank of Winfield (Bank) financed Dexter's inventory. In September 1998, Dexter was charged with seven counts of impairing a security interest in violation of K.S.A. 21-3734(a)(3) when he sold vehicles in inventory without accounting to the Bank for the proceeds. Each count related to a specific vehicle.
Pursuant to a written plea agreement, Dexter pled guilty to one count of impairing a security interest in exchange for dismissal of the remaining six counts. The agreement also stated: "Defendant further understands that he is currently under Federal Bankruptcy Order to make payments to the Trustee. Defendant shall continue to pay the Bankruptcy Trustee as ordered so proper distributions can be made to the victim in this case."
At the plea hearing, Dexter was advised that he was pleading to a charge of impairing a security agreement by failing to account for the proceeds of the sale of a 1989 Chevy pickup and that the offense occurred between February 12, 1999, and April 8, 1999 (although the complaint and written plea agreement used dates of 1997). As the factual basis for the plea of guilty, Dexter admitted that he owned the 1989 Chevy pickup, granted the Bank a security interest in that vehicle, was required by the security agreement to account to the Bank as secured party for the proceeds of the vehicle, sold the 1989 Chevy pickup, and failed to account for the proceeds which exceeded $500. Dexter made no admissions regarding the other counts. Dexter also informed the court that, as a condition of the plea agreement, he had agreed to make restitution to the Bank through the bankruptcy proceeding as specified in the written agreement. Dexter also stated he understood that the plea agreement was not binding on the district court.
The presentence investigation report included a letter from the Bank stating that Dexter owed the Bank a total of $52,027.04. The letter also indicated that the Bank did not expect to receive full reimbursement through the bankruptcy proceeding and stated: "Restitution needs to be made on the full amount."
On December 13, 1999, the district court placed Dexter on probation for 24 months with an underlying sentence of 6 months' imprisonment. When the district court indicated its intention to impose restitution of $52,027.04, Dexter objected, arguing that the court should follow the plea agreement which provided for restitution to be made in the bankruptcy proceeding
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