State v. Ball, 877 P.2d 955 (Kan. 1994)

Cases | State v. Ball, 877 P.2d 955 (Kan. 1994) | 2018

The defendant pled guilty to two counts of burglary and the State dismissed remaining charges against him. The trial court ordered the defendant to pay restitution in the precise amount set forth in the presentence investigation (PSI) report. On appeal, the defendant claimed that ordering restitution for dismissed charges was illegal under Kan. Stat. Ann. § 21-4610. The appellate court held that the trial court’s sentence was illegal and the State petitioned for review. The supreme court held that: (1) when a the defendant has been charged with numerous offenses and has agreed to plead guilty to one or more counts and pay restitution for each of the charged offenses in exchange for the State’s agreement to dismiss several charges, the sentencing court has authority to order the restitution provided in the plea agreement; and (2) the court did not abuse its discretion in determining the amount of restitution, which was supported by the record. The PSI report identified the precise dollar amount and the parties did not contest the amount.