State v. Bingaman, 20020134.
Decision Date | 23 December 2002 |
Docket Number | No. 20020134.,20020134. |
Citation | 655 N.W.2d 57,2002 ND 210 |
Parties | STATE of North Dakota, Plaintiff and Appellee, v. Shaun Dean BINGAMAN, Defendant and Appellant. |
Court | North Dakota Supreme Court |
Steven J. Simonson (submitted on brief), Grand Forks, for defendant and appellant.
Sonja Clapp (submitted on brief), Assistant State's Attorney, Grand Forks, for plaintiff and appellee.
[¶ 1] Shaun Bingaman appeals from the Amended Criminal Judgment which sentenced him to pay restitution in the amount of $16,261.55 to the family of Timothy Kingsbury. We affirm.
[¶ 2] Bingaman and David Lewandowski were involved in the homicide of Timothy Kingsbury which occurred on October 2, 2000. At trial, Bingaman was convicted of manslaughter and Lewandowski was convicted of negligent homicide. A hearing was held on March 21, 2002, regarding restitution for Kingsbury's medical bills and funeral expenses. The trial court ordered Bingaman to pay one hundred percent of the restitution in the amount of $16,261.55. Lewandowski was not ordered to pay any restitution.
[¶ 3] Bingaman argues on appeal that the trial court abused its discretion when it ordered him to pay one hundred percent of the restitution. Specifically, he claims the underlying facts do not support making him solely responsible for the entire amount of restitution.1 We disagree.
[¶ 4] Section 12.1-32-08, N.D.C.C., grants to courts the authority to order a criminal defendant to pay restitution. Our Court's review of the exercise of this authority is limited to whether the trial court acted within the prescribed limits of the statute. See State v. Vick, 1998 ND 214, ¶ 4, 587 N.W.2d 567
. "This standard of review in a similar context has been called the abuse of discretion standard." Id. (citation omitted). "A trial court abuses its discretion if it acts in an arbitrary, unreasonable, or unconscionable manner, if its decision is not the product of a rational mental process leading to a reasoned determination, or if it misinterprets or misapplies the law." State v. Kensmoe, 2001 ND 190, ¶ 7, 636 N.W.2d 183 (citation omitted).
[¶ 5] The applicable statute, N.D.C.C. § 12.1-32-08(1), provides in pertinent part:
[¶ 6] In this case, a restitution hearing was held and the trial court issued its Order for Restitution finding:
There was some evidence presented at the hearing that Bingaman may have some interest in some land, which he might have inherited in Benson County. Other than that Bingaman is a manual laborer with virtually no assets.
As to Lewandowski, the trial court found:
He is on medical disability and receives on [sic] $692 per month with his father as the representative payee. He has significant medical and psychological problems. He testified that his medication costs about $200 per month. He also receives food stamps.
The trial court recognized that the jury found Bingaman guilty of manslaughter and Lewandowski guilty of negligent homicide. It also...
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...to whether the district court acted within the limits set by statute, which is similar to the abuse of discretion standard. State v. Bingaman, 2002 ND 210, ¶ 4, 655 N.W.2d 57; State v. Kensmoe, 2001 ND 190, ¶ 7, 636 N.W.2d 183. A district court abuses its discretion if it acts in an arbitra......
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...to whether the court acted within the limits of the statute, which has also been described as an abuse of discretion standard. State v. Bingaman, 2002 ND 210, ¶ 4, 655 N.W.2d 57. "`A [district] court abuses its discretion if it acts in an arbitrary, unreasonable, or unconscionable manner, i......
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State v. Tupa
...to whether the district court acted within the limits set by statute, which is similar to an abuse of discretion standard. State v. Bingaman, 2002 ND 210, ¶ 4, 655 N.W.2d 57; State v. Kensmoe, 2001 ND 190, ¶ 7, 636 N.W.2d 183. A district court abuses its discretion if it acts in an arbitrar......
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...to whether the district court acted within the limits set by statute, which is similar to an abuse of discretion standard. State v. Bingaman , 2002 ND 210, ¶ 4, 655 N.W.2d 57 ; State v. Kensmoe , 2001 ND 190, ¶ 7, 636 N.W.2d 183. A district court abuses its discretion if it acts in an arbit......