State v. Morrison, 14 P.3d 1189 (Kan. Ct. App. 2000)

Cases | State v. Morrison, 14 P.3d 1189 (Kan. Ct. App. 2000) | 2018

The defendant was convicted of two counts of arson. In 1985, the defendant was sentenced to concurrent terms of 5 to 10 years’ incarceration and ordered to pay restitution as a condition of early release or parole. The defendant made court-ordered restitution payments until 1999, when he filed a motion for release of restitution order on the basis that the restitution order had become dormant. The trial court granted the defendant’s request and released the judgment. The State filed a motion to set aside the release of the order on the basis that the defendant had made regular payments. The trial court found that the defendant’s partial payments tolled the dormancy of the judgment. The defendant appealed. The appellate court held that the trial court erred in setting aside its previous order releasing the defendant from the restitution judgment. Kan. Stat. Ann. § 60-2403 makes no provision for partial payments tolling dormancy. If a restitution judgment has remained dormant for the specified two-year period, it becomes absolutely extinguished and unenforceable.