State v. Daniel Ryan Straub
153 Idaho 882
| Idaho | 2013Background
- Straub pleaded guilty to vehicular manslaughter per gross negligence for the death of bicyclist David Webster; restitution under I.C. §§ 19-5304 and 18-4007 was part of the plea.
- District court awarded restitution totaling $554,506.67 for funeral costs, medical insurance premiums, lost wages, and counseling.
- Decedent survived by wife Charlene and two children; Straub had a post-accident BAC of .08.
- Plea waivers addressed conviction/sentencing and rulings; restitution hearing occurred after the plea, raising waiver scope questions.
- Restitution is statute-based and separate from sentencing; the court can order restitution without a jury, but damages must be supported by evidence and not speculative.
- Court remanded to adjust or vacate improper damages, particularly future wages and certain future insurance premiums.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Straub waive his right to appeal restitution? | Straub waived all issues related to conviction and sentencing, including rulings. | Waiver does not cover post-plea restoration orders; restitution rulings occur after the plea. | Straub did not waive his right to appeal the restitution order. |
| Is restitution for lost future wages proper under I.C. 19-5304? | Statute allows recovery of actual economic losses, including lost wages and medical costs. | Lost future wages are speculative and not actual losses; not authorized by statute. | Lost future wages were improper; remand to reframe restitution consistent with statute. |
| Does the right to jury trial apply to criminal restitution? | Constitutional right to jury trial applies to civil claims; restitution is not a sentence. | Statutes authorize restitution without jury and the right is not extended by the constitution. | Constitutional right to jury trial does not apply to criminal restitution. |
Key Cases Cited
- State v. Cope, 142 Idaho 492, 129 P.3d 1241 (2006) (plea waivers and contract-law standard apply to appeal waivers)
- State v. Gomez, 153 Idaho 253, 281 P.3d 90 (2012) (restitution is separate from sentence; statutory framework governs)
- State v. Wagenius, 99 Idaho 273, 581 P.2d 319 (1978) (restitution and probation context; statutory discretion)
- People v. Giordano, 170 P.3d 623 (Cal. 2007) (California recovery of economic loss; lost wages and medical costs included)