State v. Schulze, 985 P.2d 1169 (Kan. 1999)

Cases | State v. Schulze, 985 P.2d 1169 (Kan. 1999) | 2018

The defendant was convicted of aggravated battery and ordered to pay $14,026.92 in restitution. The defendant later filed a motion to modify restitution. After considering the defendant’s financial circumstances, the trial judge released the defendant from the remainder of the restitution requirement. The State appealed. The supreme court held that judicial discretion was not exercised arbitrarily and affirmed. The trial judge provided specific reasons, after hearing testimony, for why he would make an exception and suspend restitution. Though the trial judge did not use the term “unworkable” when he ruled to suspend restitution, he clearly considered the defendant’s evidence of his financial difficulties when he found that the circumstances were exceptional, and by implication found the restitution plan to be unworkable.