Cases | State v. Yost, 654 P.2d 458 (Kan. 1982) | 2018
The defendant gave the victim a worthless check for 81 steers. A third party received the steers and sold them. The defendant was convicted of giving the worthless check and was ordered to pay restitution to the victim in the exact amount of the check with interest. The victim obtained a civil judgment against the defendant and the third party. The third party reimbursed the victim, while the defendant was dismissed because he was in bankruptcy. The trial judge later granted the third party’s motion that he be substituted to receive payments originally scheduled for the victim. On appeal, the defendant claimed that the trial court lacked authority to grant the third party’s motion for substitution and that the trial court should have granted his motion that the payments be cancelled because the original victim had been paid. The supreme court affirmed the order modifying the probation order. The third party became the aggrieved party when he paid the victim.
overruled on other grounds by State v. Haines, 238 Kan. 478, 712 P.2d 1211 (Kan. 1986)