Erickson v. State

The Supreme Court affirmed in part and reversed and remanded in part the district court’s denial of Appellant’s motion to modify his criminal judgment “as to financial obligations.”Appellant was convicted of criminal endangerment. At the sentencing hearing, the State sought significant restitution for the victim. Appellant argued that the case involved liability issues more appropriately addressed in civil litigation initiated by the victim. The district court determined that imposition of full restitution in Appellant’s sentence was mandatory and also imposed an administrative fee. After the civil lawsuit was settled, Appellant filed a motion to amend the judgment regarding his financial obligations within the criminal action, requesting that the district court waive the restitution administrative fee in light of the promptness of the settlement and find that, based on civil releases, a restitution condition had been satisfied as to two parties. The district court denied the motion. The Supreme court affirmed the district court’s denial of Appellant’s request for modification or satisfaction of the criminal judgment to reflect his civil settlement but reversed the district court’s order denying all relief, holding that the district court’s order contained a factual error regarding the amount received by the victim in the civil settlement relative to the restitution he was ordered to receive. View "Erickson v. State" on Justia Law