Cases | State v. Steinolfson, 483 N.W.2d 182 (N.D. 1992) | 2018
The defendant pled guilty to leaving the scene of an accident involving personal injury and agreed to pay restitution pursuant to the plea agreement. The defendant failed to make restitution and the trial court held an order to show cause hearing. The court denied the defendant’s motion to correct his sentence as illegal and affirmed its sentencing order. On appeal, the defendant claimed that: (1) his criminal act of leaving the scene did not cause damages, which resulted from the accident and were inflicted before he left the scene; and (2) the restitution order was imposed illegally because he was not present at the restitution hearing. The supreme court held that: (1) the trial court could order restitution pursuant to the defendant’s plea and the sentence was therefore legal. Though there was no causal relationship between the defendant’s crime and the victim’s damages, the defendant agreed to pay restitution as part of the plea agreement. While the defendant did not know the total amount of restitution in dollars and cents, he knew what the property damages were and agreed to pay medical expenses; and (2) the entry of a restitution order without the defendant’s presence did not arise to obvious error. The argument was not raised before the trial court on the motion to correct the sentence, and the defendant and his attorney received notice of the restitution hearing.