State v. Albright

The Supreme Court affirmed Defendant’s convictions for willful injury causing bodily injury and kidnapping in the first degree but vacated the restitution portion of the sentencing order and remanded the case to the district court to order restitution in a manner consistent with this opinion, holding that the restitution order did not comply with restitution law. Specifically, the Court held (1) substantial evidence supported Defendant’s conviction for first-degree kidnapping; (2) Defendant was not prejudiced when the court instructed the jury on a lesser included charge of kidnapping in the second degree; (3) this Court cannot reach Defendant’s ineffective assistance of counsel claims; and (4) the lower court’s finding that Defendant had the reasonable ability to pay and ordering restitution for certain items without having the amount of each item of restitution before it was contrary to the statutory scheme as outlined in this opinion. View "State v. Albright" on Justia Law