286 P.3d 429
Wyo.2012Background
- Smith pled no contest to one misdemeanor reckless endangerment; sentenced to one year in jail and ordered restitution to two victims.
- He appealed arguing the $335,387.26 restitution and a five-year payment deadline were improper.
- Plea agreement postponed determination of restitution; restitution hearing eight months later set total restitution at $835,887.26 to the two victims.
- The case originated as aggravated assault and battery, later amended to reckless endangering; insurance denied coverage for damages.
- Victims submitted verifiable bills; court found appellant able to pay over time; appellant had work-release potential indicating earnings prospects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the restitution amount abused by the district court? | Smith contends the amount is unreasonable given finances. | State contends issue was waived and the amount is supported by evidence. | No abuse; amount reasonable and supported by evidence. |
| Did the court have authority to require a five-year bona fide payment plan? | State argues statute grants a payment plan authority. | Court lacked authority to impose a five-year deadline without a restitution plan. | Statutory authority for a five-year pay-off did not exist; that portion vacated. |
Key Cases Cited
- Merkison v. State, 996 P.2d 1138 (Wyo. 2000) (waiver of challenges to restitution factual basis through plea and lack of objection at sentencing)
- Whitten v. State, 110 P.3d 892 (Wyo. 2005) (no obligation to find ability to pay; court must order restitution unless unable to pay)
- Solis v. State, 245 P.3d 323 (Wyo. 2010) (restitution statute requires order unless defendant unable to pay)
- Aldridge v. State, 956 P.2d 341 (Wyo. 1998) (restitution should be included in sentencing; plan not inherent authority)
- Kahlsdorf v. State, 823 P.2d 1184 (Wyo. 1991) (waiver must be knowing and voluntary; restitution determination needed)
- Crosby v. State, 247 P.3d 876 (Wyo. 2011) (remand or strike illegal portion if sentencing authority exceeded)
- Sarr v. State, 166 P.3d 891 (Wyo. 2007) (restitution authority limited to statutory framework)
- Kaess v. State, 748 P.2d 698 (Wyo. 1987) (illegal sentence includes post-incarceration restitution absent statutory authority)
- Glover v. State, 169 P.3d 553 (Wyo. 2007) (victim testimony and bills can support restitution)
- Parker v. State, 882 P.2d 1225 (Wyo. 1994) (restoration of sentence limits and timing rules)