Document Type

Case Summary

Publication Date

7-2-2022

Case Synopsis

This is an appeal from a judgment of conviction, arising from a guilty plea of reckless driving resulting in substantial bodily harm. The question considered is whether one could be charged to pay restitution based on initial billings that were not ultimately charged. The court also considered whether treatment for suicide attempts connected to an injury are applicable in computing restitution damages. The court concluded that the restitution awarded was not supported by competent evidence and thus ordered that the restitution portion of the judgment of conviction be vacated. The court further remanded the case to the district court for further restitution proceedings, stating that “restitution is intended to compensate the victim for costs and losses caused by [a] defendant” with the provision that “restitution for a victim’s medical costs is limited to the amount that the medical provider accepts as payment in full rather than the amount initially billed by the medical provider.”

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