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State v. Dexter12/19/2003
or, in the alternative, that restitution should be limited to the one count to which Dexter pled guilty. At the request of both sides, the district court agreed to schedule another hearing to address the restitution issue. At the subsequent hearing, Dexter continued to argue that, because he did not agree to pay restitution on the dismissed charges, the court could order restitution only on the crime of conviction. Dexter cited State v. Ball, 255 Kan. 694, 877 P.2d 955 (1994), in support.
The district court issued a memorandum decision ordering Dexter to pay restitution of $52,027.24 to the Bank. The court found that the paragraph mentioning restitution in the plea agreement was not binding and was only an acknowledgment of Dexter's obligation to make monthly payments under the bankruptcy order. The court found these payments to be inadequate, amounting only to interest of less than half a percent a year with no reimbursement of principal. The court also found that Ball did not support Dexter's position and the applicable statutes did not limit the court's authority to order restitution for crimes to which Dexter did not plead.
Dexter then filed a motion requesting an evidentiary hearing on the issue of restitution. At the conclusion of the hearing, the district court reaffirmed its previous ruling.
Did the District Court Err in Ordering Restitution on Dismissed Charges Where Dexter Did Not Agree to Pay Restitution as Part of the Plea Agreement?
Dexter argues that the district court erred in imposing restitution on dismissed charges for which he never agreed to pay restitution. Without this agreement, Dexter argues, the district court did not have authority to impose the restitution because the one count of impairing a security interest did not cause the loss which arose from the other six counts.
Two statutes govern our consideration of this issue. First, K.S.A. 2002 Supp. 21-4603d, which sets out the authorized dispositions for crimes committed after July 1, 1993, provides in relevant part:
"(b)(1) In addition to or in lieu of any of the above, the court shall order the defendant to pay restitution, which shall include, but not be limited to, damage or loss caused by the defendant's crime, unless the court finds compelling circumstances which would render a plan of restitution unworkable."
Second, K.S.A. 2002 Supp. 21-4610, which governs conditions of probation, provides in relevant part:
"(d) In addition to any other conditions of probation . . . the court shall order the defendant to comply with each of the following conditions:
"(1) Make reparation or restitution to the aggrieved party for the damage or loss caused by the defendant's crime, in an amount and manner determined by the court and to the person specified by the court, unless the court finds compelling circumstances which would render a plan of restitution unworkable."
Because of the limitations imposed by these statutes, " n Kansas, restitution for a victim's damages or loss depends on the establishment of a causal link between the defendant's unlawful conduct and the victim's damages." State v. Hunziker, 274 Kan. 655, Syl. 9, 56 P.3d 202 (2002).
An appellate court's review of a restitution order can involve three standards of review. Issues regarding the amount of restitution and the manner in which it is made to the aggrieved party are normally subject to review under an abuse of discretion standard. Hunziker, 274 Kan. at 659-60. However, a district judge's factual finding of causation between the crime and the victim's loss is subject to a substantial competent evidence standard of review. State v
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