State v. Strom
North Dakota Supreme Court
921 N.W.2d 660, 2019 N.D. 9 (2019)
- Written by Deanna Curl, JD
Facts
On April 9, 2018, the district court held a restitution hearing to set the amount of a restitution order for Melinda Strom (defendant) after she pleaded guilty to misappropriation of entrusted property. The court determined that Article I, § 25 of the North Dakota Constitution, a provision adopted after the 2016 election that guaranteed crime victims full and timely restitution, overrode a state statute that required the court to consider a defendant’s ability to pay when ordering restitution. As a result, the court did not consider Strom’s ability to pay and ordered Strom to pay $690,910.67. Strom subsequently appealed, arguing that the court abused its discretion in not considering Strom’s ability to pay when determining the amount of her restitution order.
Rule of Law
Issue
Holding and Reasoning (Tufte, J.)
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