State v. Yellow Hammer, 974 N.W.2d 635

Defendant Terri Yellow Hammer pled guilty to criminal vehicular homicide and criminal vehicular injury after a crash; one occupant died and Angela Magilke suffered severe clavicle injuries.
Magilke underwent a first surgery with billed medical expenses of $92,580.59 and testified she requires a second (revision) surgery.
The State introduced a physician's progress-note estimating the second surgery would cost approximately $95,000; the note was admitted over Yellow Hammer’s objection.
The district court ordered restitution totaling $193,885.59, including $95,000 for the anticipated second surgery, finding the second surgery was a direct result of the defendant’s criminal conduct and the estimate was not speculative.
Yellow Hammer appealed, arguing the court erred by awarding future medical expenses and that the physician’s note was inadmissible or speculative.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Can future medical expenses be awarded as restitution?	State: Yes; victim need not have already incurred expense if damages are a direct result of the crime.	Yellow Hammer: No; future medical costs are speculative and not permissible restitution.	Court: Yes; future ascertainable medical costs may be awarded if directly related and the amount is ascertainable.
Was the physician's note admissible and sufficient to support the $95,000 estimate?	State: Note (as part of medical records) reasonably established necessity and cost; rules of evidence inapplicable at sentencing.	Yellow Hammer: Note was informal, indefinite, and speculative as to necessity and amount.	Court: Note admissible at restitution hearing; court did not err in finding estimate non-speculative given first-surgery cost and victim testimony.

State v. Pagenkopf, 939 N.W.2d 2 (plurality) (victim need not have incurred expense to have sustained damages for restitution)
State v. Kostelecky, 906 N.W.2d 77 (victim entitled to be made whole through reasonable restitution)
State v. McAllister, 939 N.W.2d 502 (restitution ordered when criminal activities cause pecuniary damages; factual findings reviewed for clear error)
State v. Clayton, 881 N.W.2d 239 (damages must have an immediate and intimate causal connection to criminal conduct)
Falkenberg v. State, 965 N.W.2d 580 (court may order restitution for ascertainable future counseling/medical expenses)