Cases | State v. Bingaman, 655 N.W.2d 57 (N.D. 2002 | 2018
The defendants were involved in a homicide. The trial court ordered one of the defendants to pay 100 percent of restitution for the victim’s medical and funeral expenses. On appeal, the defendant claimed that the trial court abused its discretion by ordering him to pay 100 percent of restitution, as the underlying facts did not support making him solely responsible for the entire amount. The supreme court held that the trial court did not abuse its discretion in ordering the defendant to pay all of the restitution damages. Evidence supported that the expenses were a direct result of both the defendants’ criminal actions. The trial court considered the ability of both parties to pay restitution, and found that one the defendant would be able to pay while the other had limited income and would not be able to pay.