State v. Taie, 71 P.3d 477 (Idaho Ct. App. 2003)

Cases | State v. Taie, 71 P.3d 477 (Idaho Ct. App. 2003) | 2018

The defendant drove while intoxicated, hit a motorcyclist, led police on a high-speed chase, and damaged a chain-link fence owned by an equipment company. The defendant pled guilty to aggravated assault, aggravated driving while under the influence of alcohol or drugs, felony eluding a peace officer, and aggravated assault upon a police officer. The trial court ordered the defendant to pay restitution to the chain-link fence owner and to insurers of the victim and the chain link fence owner for benefits paid due to motorcycle damage and harm to the fence. On appeal, the defendant claimed that: (1) there was insufficient evidence to permit the restitution award for damage to the motorcycle and chain-link fence; and (2) the trial court did not adequately consider his inability to pay. The appellate court held that: (1) the restitution award was supported by sufficient evidence of economic loss, as the State’s evidence showed the amount of loss in the form of benefits paid; and (2) the trial court did not abuse its discretion, as it considered the defendant’s claim of financial inability.