State v. Gonzales, 171 P.3d 266 (Idaho Ct. App. 2007)

Cases | State v. Gonzales, 171 P.3d 266 (Idaho Ct. App. 2007) | 2018

The defendant entered an Alford plea to an amended charge of aggravated battery, originally unlawful penetration by use of a foreign object. In the presentence investigation report, the victim requested $700 for vocational school tuition she forfeited after the crime because she was afraid to return to school; the court imposed restitution of $369 as a condition of probation even though it was not part of the plea agreement. On appeal, the defendant argued that the restitution order was in error because the education expense was not a direct economic loss from the crime. The court of appeals held that the court was not authorized to order restitution to compensate the victim for the forfeited tuition and price of supplies because these costs were incurred due to her fear that a similar crime might happen again. The court also held that the trial court was not authorized to impose restitution as a condition of probation “over a well-founded objection that such compensation exceeded the limits set forth in [section 19-5304].” The conviction was vacated to the extent that it ordered the defendant to pay restitution for tuition and supplies.