State v. Riggs, 845 N.W.2d 236

D.S. confronted Riggs about the quality of marijuana or owed money; D.S. initiated the fight by punching Riggs in the chiropractor’s vestibule.
Riggs drove away to a remote appointment; D.S. followed and continued the confrontation at the chiropractor’s office.
During the fight, Riggs stabbed D.S. in the leg and stomach; D.S. sustained medical expenses and lost work-related wages.
Riggs pleaded guilty to terroristic threats; the assault charge was dismissed; the plea hearing referenced self-defense waiver.
At restitution, Riggs agreed to pay medical expenses and chiropractor repairs in full, plus some employment-related losses but contested half of those wages due to D.S. being the aggressor.
The district court reduced half of the employment-related restitution and stated it could apportion fault to the victim if the victim was the aggressor, under Minn. Stat. 611A.045.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether restitution can be reduced for fault based on the victim being an aggressor	Riggs; statute only requires economic loss and defendant’s resources.	D.S.'s fault may be considered as an additional factor under the statute.	Statute ambiguous; court may not consider victim's fault; reverse and remand

State v. Nelson, 796 N.W.2d 348 (Minn.App. 2011) (restitution statutory interpretation and standards of review)
State v. Pflepsen, 590 N.W.2d 759 (Minn. 1999) (judicial authority to impose sentences within statutory limits)
State v. Olson, 325 N.W.2d 13 (Minn. 1982) (legislature vests punishment authority in judiciary; restitution as sentence)
City of Moorhead v. Red River Valley Coop. Power Ass’n, 811 N.W.2d 151 (Minn.App. 2012) (omission of statutory terms presumed deliberate)
Wallace v. Commissioner of Taxation, 289 Minn. 220, 184 N.W.2d 588 (Minn. 1971) (courts cannot supply omitted statute terms)
State v. Barrientos, 837 N.W.2d 294 (Minn. 2013) (statutory interpretation related to restitution considerations)