State v. Dwight

Summary

The Vermont Supreme Court affirmed a restitution order entered after Lucas Dwight’s conviction for simple assault. The court held that dental expenses incurred by the victim remained eligible for restitution even though the victim’s father paid them, and that the sentencing court could consider the defendant’s reasonably foreseeable earning capacity when establishing a repayment schedule. The court concluded that the payment schedule was not impermissibly punitive.

Holdings

1. Uninsured medical expenses incurred by the direct victim constitute a material loss eligible for restitution regardless of whether the victim, a parent, or another person paid the expenses.
2. When establishing a restitution payment schedule, a court may consider the defendant's reasonably foreseeable earning capacity, including the income the defendant could earn by working full time at the defendant's current wage in the defendant's existing occupation.
3. The repayment schedule was not impermissibly punitive and was not an abuse of discretion.

Questions Presented

1. Whether restitution may be ordered for dental expenses incurred by the direct victim but paid by the victim's father.
2. Whether the trial court could consider the defendant's reasonably foreseeable earning capacity in establishing a restitution payment schedule.
3. Whether the payment schedule was an abuse of discretion because it was impermissibly punitive.

Disposition

affirmed