State v. Goeller, 77 P.3d 1272 (Kan. 2003)

Cases | State v. Goeller, 77 P.3d 1272 (Kan. 2003) | 2018

The defendant pled guilty to felony possession of methamphetamine and marijuana and pled no contest to misdemeanor driving under the influence. The defendant was ordered to pay restitution at the rate of $1000 per month for the duration of postrelease supervision. On appeal, the defendant claimed that: (1) there was insufficient evidence to establish a necessary causal link between his conduct and the victim’s damages; and (2) the trial judge failed to consider his ability to pay. The supreme court held that: (1) the trial court’s factual finding of a causal link between the defendant’s unlawful conduct and the victim’s injuries was supported by substantial competent evidence that a reasonable person might accept as sufficient to support the ultimate conclusion; and (2) the restitution amount was defensible. The defendant presented no evidence of inability to pay, though it appeared that the trial judge took his limited ability to pay into account.