Cases | State v. Knapp, 509 A.2d 1010 | 2018

The defendant was convicted of aiding in petty larceny and acquitted of unlawful mischief. The trial court ordered the defendant to pay restitution for damages suffered in a collision that was the subject of the unlawful mischief charge. The defendant appealed. The court vacated the restitution order, stating that an order must relate to the damage caused by the criminal conduct for which the the defendant was convicted. The defendant was acquitted of the unlawful mischief charge and the damage caused by his conduct could not be made the subject of a restitution order.
distinguished by State v. VanDusen, 166 Vt. 240, 691 A.2d 1053 (Vt. 1997) (distinguishing the case from State v. Knapp, 147 Vt. 56, 509 A.2d 1010 (Vt. 1986) and State v. Stimpson, 151 Vt. 645, 563 A.2d 1001 (Vt. 1989) on the ground that the restitution award related directly to the conduct for which the the defendant was convicted)