BY THE COURT
restitution ordered in a criminal case must be based on the
damage or loss caused by the crime. Restitution depends upon
the establishment of a causal link between the
defendant's crime and the victim's damages.
damage or loss caused by the defendant's crime shall
include the cost of repair or replacement of the property
that was damaged.
from Shawnee District Court; Richard D. Anderson, judge.
J. Eddinger, of Kansas Appellate Defender Office, for
L. Pickering, assistant solicitor general, and Derek Schmidt,
attorney general, for appellee.
Arnold-Burger, C.J., Hill, J., and Stutzman, S.J.
Ryan Smith pled no contest to two counts of possession of
stolen property. In his plea agreement, Smith agreed to pay
"all verifiable restitution." He appeals the amount
of restitution ordered by the district court.
court found Smith guilty of possessing a motorcycle stolen
from Andrew Rodvelt and a scooter stolen from John Miller in
violation of K.S.A. 2015 Supp. 21-5801 (theft). We look first
at the motorcycle and then the scooter.
located Rodvelt's motorcycle and returned it. The
motorcycle had been damaged and Rodvelt had a repair shop
estimate the cost of repairs. The estimate for repairs was
$1, 365.77. The repairs included replacing the back rest,
replacing the ignition switch, and painting the fuel tank.
Rodvelt testified that these repairs were not needed before
his motorcycle was stolen. The district court credited
Rodvelt's uncontroverted testimony regarding the amount
that it would cost to return the motorcycle to the condition
it was in before it was stolen. The court ordered restitution
in the amount of $1, 365.77.
scooter was a different situation. Miller bought his scooter
in April 2015 for $2, 141.93 and it was stolen in November
2015. His scooter was never returned. After receiving notice
that Smith had been charged with possession of his stolen
property, Miller called the Highway Patrol. The patrol
officer told him the scooter was towed by Kitch Towing.
Miller then got in touch with Kitch and it told him the
scooter had been sold. After demanding proof that Kitch had
attempted to contact him before selling it, Kitch then told
Miller that the scooter had been stolen. At sentencing, the
district court commented that Smith, the Highway Patrol, and
Kitch "ought to all maybe talk about how they're
going to share the loss," but it found that the
misconduct of other parties did not diminish the loss that
Miller suffered and ordered $2, 141.93 in restitution. In
other words, the court ordered Smith to pay the actual cost
of the scooter as restitution.
repeat the law that guides us.
gives clear directions concerning restitution. Restitution
"shall include, but not be limited to, damage or loss
caused by the defendant's crime, unless the court finds
compelling circumstances which would render a plan of