Beans v. State, 020520 AKCA, A-12353

Docket Nº:A-12353
Opinion Judge:MANNHEIMER, JUDGE.
Party Name:KENDRA ASHLEY BEANS, Appellant, v. STATE OF ALASKA, Appellee.
Attorney:Michael Barber, Barber Legal Services, under contract with the Alaska Public Defender Agency, and Quinlan Steiner, Public Defender, Anchorage, for the Appellant. Donald Soderstrom, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Jahna Lindemuth, Attorney General, Juneau, fo...
Judge Panel:Before: Allard, Chief Judge, Harbison, Judge, and Mannheimer, Senior Judge.
Case Date:February 05, 2020
Court:Court of Appeals of Alaska
 
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KENDRA ASHLEY BEANS, Appellant,

v.

STATE OF ALASKA, Appellee.

No. A-12353

Court of Appeals of Alaska

February 5, 2020

UNPUBLISHED See Alaska Appellate Rule 214(d)

Appeal from the District Court Trial Court No. 4SM-14-00090 CR, Fourth Judicial District, Saint Mary's, Nathaniel Peters, Judge.

Michael Barber, Barber Legal Services, under contract with the Alaska Public Defender Agency, and Quinlan Steiner, Public Defender, Anchorage, for the Appellant.

Donald Soderstrom, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Jahna Lindemuth, Attorney General, Juneau, for the Appellee.

Before: Allard, Chief Judge, Harbison, Judge, and Mannheimer, Senior Judge. [*]

MEMORANDUM OPINION

MANNHEIMER, JUDGE.

Early one Saturday morning in July 2014, Kendra Ashley Beans drove through the village of Pilot Station while she was intoxicated. Beans ran into a utility pole, knocking out the electrical power to the entire village.

The Alaska Village Electric Cooperative quickly dispatched three workers to repair the damage and restore power to the village. The three employees worked through the night to replace the utility pole and restore electrical power to the village. Between them, these three employees spent a total of 77 hours - including 56 hours of overtime - repairing the damage and restoring the power.

After Beans pleaded guilty to driving under the influence, the State asked the district court to award restitution to the Electric Cooperative for the expenses it incurred in restoring power to Pilot Station. After hearing evidence regarding the Cooperative's damages, the district court ordered Beans to pay restitution to the Cooperative in the amount of $11, 950.68.

In our first opinion in this case -Beans v. State, unpublished, 2018 WL 4030846 (Alaska App. 2018)-we reversed the portion of the restitution award that was attributable to the three employees' 21 hours of normal work, because the Electric Cooperative would have had to pay for these 21 hours of labor even if Beans had not caused any damage to the village's electric power system.

We also directed the...

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