Cases | State v. Allen, 15 P.3d 110 (Utah Ct. App. 2000) | 2018
The defendant pled guilty to one count each of aggravated assault, unlawful detention, and possession of a controlled substance. He was sentenced to a prison term, suspended, ordered to serve thirty-six months of probation, and ordered to pay restitution to the victim for her counseling and associated costs. After approximately two years of probation, the trial court initialed a progress report submitted by the Department of Adult Probation and Parole, which stated that the defendant had complied with and completed all terms of his probation agreement. The defendant’s probation was terminated, but the trial court determined that it could properly impose restitution to cover the victim’s counseling beyond the date of probation termination upon an evidentiary. On appeal, the defendant argued that because his probation had been terminated and he had paid all restitution up to the date of termination, he should not be responsible for bills received for victim’s counseling expenses incurred after his probation was terminated. The court of appeals held that since the trial court had heard evidence linking the victim’s continued counseling to the defendant’s acts and because restitution was ordered for those specific counseling appointments, the restitution order was proper. The order was affirmed.