State v. Kostelecky

Summary

The North Dakota Supreme Court reversed and remanded a restitution order requiring Lukas Kostelecky to pay $3,790 for damage to a school copy machine. The court held that the state constitutional right to full restitution does not authorize restitution beyond the amount reasonably necessary to make the victim whole. The district court abused its discretion by failing to consider evidence of lower replacement costs and other statutory restitution factors.

Holdings

1. North Dakota Constitution article I, section 25(1)(n) does not require restitution beyond what is reasonably necessary to make the victim whole and does not change the restitution analysis required by N.D.C.C. §§ 12.1-32-08 and 32-03-09.2.
2. The district court abused its discretion by failing to make factual findings and consider the evidence relevant to the reasonable amount of restitution, including evidence of lower replacement costs.

Questions Presented

1. Whether North Dakota Constitution article I, section 25(1)(n), commonly known as Marsy's Law, requires restitution in the amount expended by a victim without consideration of whether that amount exceeds the victim's actual losses.
2. Whether the district court abused its discretion by failing to consider evidence concerning alternative replacement costs and the amount reasonably necessary to make the victim whole.

Disposition

reversed_and_remanded