BY THE COURT
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.
of the judgment of the Court of Appeals in 53 Kan.App.2d 272,
387 P.3d 176 (2016).
from Riley District Court; Meryl D. Wilson, judge.
Kittel, of Kansas Appellate Defender Office, was on the brief
K. Disney, assistant county attorney, Barry Wilkerson, county
attorney, and Derek Schmidt, attorney general, were on the
brief for appellee.
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.
and Procedural Background
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
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.
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.
was charged with burglary and theft for the break-in of
Platt's vehicle on January 31, 2015, and burglary and
theft for the ...