State v. Dexter, 80 P.3d 1125 (Kan. 2003)

Cases | State v. Dexter, 80 P.3d 1125 (Kan. 2003) | 2018

The defendant pled guilty to one count of impairing a security interest. Six additional counts of impairing a security interest were dismissed. The trial court imposed restitution based on all seven counts as a condition of probation. The appellate court affirmed. The supreme court reversed, finding that under the facts of the case the trial court lacked authority to order full restitution on the dismissed charges because the defendant did not agree as part of the plea agreement to pay full restitution on the dismissed counts, and the full loss was not caused entirely by the crime to which he pled guilty. The crime for which the defendant was convicted was limited to the failure to account to the bank as a secured party for the sale of a vehicle that was subject to a security interest. The factual basis of the plea was similarly limited. The defendant’s failure to account for the proceeds of the sale of the vehicle did not cause the loss resulting from his failure to account for the proceeds of the sale of the other six vehicles.