State v. Cooper, 977 P.2d 960 (Kan. 1999)

Cases | State v. Cooper, 977 P.2d 960 (Kan. 1999) | 2018

The defendant pled no contest to aggravated battery. The trial court ordered the defendant to pay restitution and ordered the State to provide documentation supporting restitution within 30 days. The State moved for restitution six months later. The defendant appealed. The appellate court held that the sentence became illegal when the trial court entered the restitution order six months after sentencing and five months after the deadline given the State to provide a restitution amount. The State sought review. The supreme court held that the sentence was not illegal and that the trial court did not abuse its discretion in considering the State’s motion for restitution as mandated by Kan. Stat. Ann. § 21-4611. The trial court has substantial discretion when ordering restitution. The possibility of extending the probation term beyond the term originally imposed does not make a sentence illegal. The defendant was placed on notice that she would be required to pay an undetermined amount of restitution and that the court was available to make that decision if she and the State could not agree on the amount. The defendant knew the maximum sum claimed and that she would be called upon to pay all or part of that amount from the date she was sentenced. She readily acknowledged at sentencing that she had inflicted part of the victim’s wounds and was responsible for medical expenses.