State v. Yost, 455 N.W.2d 162 (Neb. 1990)

Cases | State v. Yost, 455 N.W.2d 162 (Neb. 1990) | 2018

Defendant pled guilty to aiding and abetting an arson in the second degree and was ordered to pay restitution to the victims.  Defendant appealed.  The court vacated the restitution order and remanded for a new sentencing hearing.  Though the sentencing judge did not abuse its discretion in ordering defendant to pay restitution, he erred in failing to consider the factors set forth in Neb. Rev. Stat. § 29-2281 once he made the decision to order restitution.   The sole basis for the damages determination was a presentence report prepared by a probation officer who was not present at the sentencing hearing, and there was no testimony presented as to money damages.  The court expressed concerns whether the bare statements contained in the presentence report are sufficiently reliable to meet § 29-2281 without an evidentiary hearing.