State Of Washington v. Ayanna Abaeba Shamari, 73710-4

Ayanna Shamari pleaded guilty to first-degree assault (with firearm enhancement), second-degree assault (with firearm enhancement), and reckless burning; plea reserved restitution amount for later determination and waived presence at restitution hearing.
State requested $33,446.98 restitution: $32,835.97 to the Crime Victim's Compensation Program (CVCP) and $611.01 to the Health Care Authority.
Health Care Authority submitted a detailed ledger showing provider, treatment, payments, and diagnostic information linking services to injury; CVCP submitted a summary expenditures list listing categories and payment amounts but no diagnostic or purpose information for treatments.
Trial court ordered full restitution as requested; defense counsel signed the restitution order but reported no contact from Shamari about signing.
Shamari appealed, arguing the CVCP list failed to establish causal connection between her crimes and the listed medical expenses; State argued Shamari waived objection by waiving presence and cannot raise it first on appeal.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Shamari)	Held
Whether Shamari waived right to contest restitution amount by waiving presence at restitution hearing	Waiver of presence and plea term to set restitution later bars raising amount on appeal	No clear, voluntary waiver of right to contest amount; counsel signing order doesn’t show waiver	No waiver; State failed to prove intentional, voluntary relinquishment
Whether appellate review is barred because objections were first raised on appeal	Objections must have been raised below; waiver of presence implies consent	Illegal/erroneous restitution may be raised for first time on appeal	Court allowed challenge on appeal; restitution ruling reviewable
Whether CVCP expenditures list provided sufficient evidence of causal connection for restitution	Expenditures lists are customary and sufficient to support restitution	CVCP list lacks diagnostic or purpose information tying expenses to the crime, permitting only speculation	Insufficient: CVCP list failed to establish causal nexus; restitution amount based on it was an abuse of discretion
Remedy for deficient restitution evidence	Request to vacate entire restitution order or uphold in part	Remand for reconsideration with proper proof of causation	Court vacated $32,835.97 attributable to CVCP and remanded for reconsideration (did not permanently eliminate liability)

State v. Moen, 129 Wn.2d 535 (1996) (waiver requires clear, voluntary relinquishment of known right)
State v. Bunner, 86 Wn. App. 158 (1997) (summary medical expenditure lists that do not explain why services were provided fail to establish causal connection)
State v. Hahn, 100 Wn. App. 391 (2000) (expenditure lists showing only provider, dates, and amounts are insufficient to prove causation)
State v. Tobin, 161 Wn.2d 517 (2007) (restitution authority derives from statute and requires causal connection between crime and victim losses)
State v. Enstone, 137 Wn.2d 675 (1999) (standard for abuse of discretion in sentencing)
State v. Griffith, 164 Wn.2d 960 (2008) (proper remedy for unsupported restitution is vacatur and remand so court can reconsider)