State v. Miller, 355 P.3d 716

In June 2013 Miller was found inside a vacant house; owner reported drywall pierced and large amounts of copper piping and wiring removed; police found a receipt for sale of copper piping.
State charged Miller with burglary (entering dwelling with intent to commit theft) and theft (machete and baby powder; felony status due to prior theft convictions).
Miller pled guilty to both charges; plea factual basis specified theft of a silver machete and baby powder, not copper piping or wiring.
At sentencing the parties reserved restitution amount; an evidentiary hearing produced contractor bids of $2,500 (electrical) and $2,200 (plumbing) and testimony that code changes required upgraded work.
The district court found the plumbing/electrical losses were "direct result" of Miller's actions and ordered $4,700 restitution; Miller appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether court may order restitution for plumbing/electrical damage allegedly caused during burglary when defendant was convicted only of burglary and theft of machete and baby powder	State: restitution proper because damages resulted from defendant's actions during the crime	Miller: restitution not authorized because damages were not caused by the crimes of conviction nor agreed to in plea	Reversed: restitution vacated because statutes permit restitution only for damage caused by the crime of conviction or agreed-to restitution; theft conviction did not cover copper items and burglary/intent alone do not establish theft-caused loss
Whether use of prior convictions to calculate sentence violated defendant's right to jury determination of prior convictions	Miller: relying on prior convictions for sentencing infringes constitutional rights absent jury findings	State: prior convictions may be used in guideline calculations	Affirmed: following Kansas Supreme Court precedent, use of prior convictions to calculate sentence did not violate defendant's rights

State v. Dexter, 276 Kan. 909 (Kan. 2003) (restitution limited to losses caused by crimes of conviction absent defendant's agreement)
State v. Ball, 255 Kan. 694 (Kan. 1994) (defendant may agree to restitution beyond convictions as part of plea)
State v. Hall, 298 Kan. 978 (Kan. 2014) (standards for reviewing restitution statutory interpretation and factual findings)
State v. Edgar, 281 Kan. 30 (Kan. 2006) (requirements for plea hearing and factual basis for plea)
State v. Baker, 297 Kan. 482 (Kan. 2013) (prior-conviction sentencing procedures upheld)
State v. Ivory, 273 Kan. 44 (Kan. 2001) (prior convictions may be used in sentencing calculations)