Cummings v. State

Summary

The Wyoming Supreme Court held that the State was not entitled to a second opportunity to prove restitution for the victim's lost earnings after the initial restitution award was vacated for insufficient evidence. The court vacated the subsequent restitution proceedings and remanded for entry of a new restitution order excluding the challenged lost-earnings award.

Holdings

1. When the State fails to present sufficient credible evidence to support a restitution claim, it is not entitled to a second opportunity to prove the claim; a restitution order overturned for failure of proof may not be remanded for relitigation of the restitution issue.
2. The district court erred by remanding the challenged restitution issue to the circuit court for additional fact-finding after vacating the original award for insufficient proof.

Questions Presented

1. Whether the State may receive a second opportunity to prove the amount of restitution after an appellate court determines that the original restitution claim was not supported by sufficient credible evidence.
2. Whether the district court's initial remand for further restitution proceedings was erroneous.

Disposition

vacated