State v. Sammons, 78 P.3d 470, (Kan. 2003)

Cases | State v. Sammons, 78 P.3d 470, (Kan. 2003) | 2018

The defendant burglarized a bar and stole tools. The police advised the victim that the tools were in the back of the defendant’s truck, though they did not prepare a report. The truck was sold before the victim could recover the tools. The defendant pled guilty to aggravated burglary and was ordered to pay restitution. The defendant objected to restitution for the tools on the basis that the intervening negligent act of the police caused the victim’s loss. The supreme court found no abuse of judicial discretion. At the restitution hearing, the defendant candidly and succinctly stated the causal link between the victim’s damage and his unlawful conduct. Foreseeability of police negligence relative to the tools was not a factor to be considered in reviewing the restitution award.