State v. Applegate, 976 P.2d 936 (Kan. 1999)

Cases | State v. Applegate, 976 P.2d 936 (Kan. 1999) | 2018

The defendant pled guilty to involuntary manslaughter and aggravated battery committed while driving under the influence of alcohol. The injured victim and parents of the deceased victims settled a civil tort claim against the defendant whereby they agreed to release him and his insurance carriers from claims arising from the accident. In the subsequent criminal case against the defendant, the trial court found that settlement in the civil case satisfied the defendant’s restitution obligation in the criminal proceeding. The State appealed. The supreme court held that the trial court did not abuse its discretion. The sentencing judge has considerable discretion in determining the amount of restitution. The measure of restitution is the amount that reimbursed the victim for the actual loss suffered. The parties in the civil action agreed that the sum paid by the defendant’s insurer satisfied all claims arising from the accident.