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State v. Futrell

Supreme Court of Kansas

June 8, 2018

State of Kansas, Appellee,
v.
Christopher Scott Futrell, Appellant.

         SYLLABUS BY THE COURT

         1.

         Under K.S.A. 2017 Supp. 21-6607(c)(2), a district court can order the defendant to pay restitution for any damages proximately caused by the crime of conviction.

         Review of the judgment of the Court of Appeals in 53 Kan.App.2d 272, 387 P.3d 176 (2016).

          Appeal from Riley District Court; Meryl D. Wilson, judge.

          Rick Kittel, of Kansas Appellate Defender Office, was on the brief for appellant.

          Barry K. Disney, assistant county attorney, Barry Wilkerson, county attorney, and Derek Schmidt, attorney general, were on the brief for appellee.

          ROSEN, J.

         Christopher Futrell requests this court's review of the portion of the Court of Appeals decision affirming the district court's order of restitution. We reverse this portion of the Court of Appeals decision and remand the case to the district court for a new hearing on restitution.

         Factual and Procedural Background

         On January 31, 2015, Ryan Platt's vehicle was parked at an event that his business, RP Entertainment, was hosting. Platt alleged that, on that evening, someone smashed one of the windows of his vehicle and took approximately $5, 000 in cash from within.

         Almost three weeks later, Platt reported another crime. He claimed that, on February 20, 2015, someone cut open the screen door to his home, entered his house, and took his wife's wedding ring and some cash stored in a briefcase. Platt also alleged that someone stole more cash from the console of a vehicle parked at his home.

         Platt told police that he believed that one of his employees, Christopher Futrell, was responsible for the burglaries and thefts. Police obtained a warrant to search Futrell's house. Upon executing the warrant, the police found a safe that contained Platt's wife's wedding ring, $604 in cash, receipts for cash purchases beginning January 31, 2015, that totaled over $1, 000, and a receipt for the purchase of a motorcycle on February 12, 2015, for more than $6, 000. A motorcycle was also located at Futrell's house. The ring was eventually returned to Platt.

         Futrell was charged with burglary and theft for the break-in of Platt's vehicle on January 31, 2015, and burglary and theft for the ...


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