State v. Dyer, 108 P.3d 1010 (Kan. Ct. App. 2005)

Cases | State v. Dyer, 108 P.3d 1010 (Kan. Ct. App. 2005) | 2018

The defendant pled guilty to three counts of theft and was ordered to pay $107,961.07 in restitution as a condition of probation. On appeal, the defendant claimed that the trial court could not order restitution in an amount exceeding the total of the value of damages resulting from the three counts to which she pled. The appellate court vacated the restitution order and remanded for imposition of an order consistent with the opinion. The dollar amount of the damages arising from the counts to which the defendant pled was only $2,852.63 and there was no agreement for restitution in the amount of

$ 107,961.07. The trial court erred in ordering restitution in that amount. However, at the sentencing hearing the defendant acquiesced to a restitution order of $ 64,937.60 and proposed the amount as her alternative restitution plan. Accordingly, she could not complain about $64,937.60 of the restitution order despite the fact that it exceeded the amount of the charges to which she pled.