Document Type
Case Summary
Publication Date
3-21-2024
Recommended Citation
Smith, Alyson, "Gee v. State of Nevada, 140 Nev. Adv. Op. 16 (Mar. 21, 2024)" (2024). Nevada Supreme Court Summaries. 1664.
https://scholars.law.unlv.edu/nvscs/1664
COinS
Comments
An award of restitution must be based on competent evidence. On an appeal from a judgement of conviction, the Nevada Supreme Court considered whether the district court abused its discretion in awarding a challenged restitution amount that was not supported by evidence. Given that the victim had already been compensated by the defendant’s insurance, the Court further considered whether the district court was required the offset the restitution amount by the compensation already received by the victim. The Court held that in order to prevent double recovery by a victim, restitution awards must be offset by compensation victims receive through a defendant’s insurer when the payments cover the same losses.