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State v. Stimpson

Supreme Court of Vermont
Jun 15, 1989
563 A.2d 1001 (Vt. 1989)

Summary

In Stimpson the defendant pleaded nolo contendere to several burglary offenses and the court ordered that he pay restitution, a portion of which corresponded to an incident that was not covered by the plea agreement and for which defendant was not convicted.

Summary of this case from State v. Charbonneau

Opinion

No. 87-215

June 15, 1989.

Appeal from District Court of Vermont, Unit No. 2, Franklin Circuit.


Defendant pled nolo contendere to several burglary offenses and as a condition of probation the trial court ordered that he pay restitution to the victims. A portion of the restitution award corresponded to an incident of burglary on March 10, 1987, that was not covered by the plea agreement and for which defendant was not convicted. Defendant appeals from that portion of the restitution award.

"An order of restitution must relate to the damage caused by the criminal conduct for which the defendant was convicted." State v. Knapp, 147 Vt. 56, 60, 509 A.2d 1010, 1012 (1986). That link is absent with respect to the portion of the restitution award at issue. The record reveals that damages allocated to the March 10 burglary amounted to $550. The total losses from which the trial court calculated the restitution award should be reduced by that amount, and a new order entered accordingly.

Reversed and remanded.


Summaries of

State v. Stimpson

Supreme Court of Vermont
Jun 15, 1989
563 A.2d 1001 (Vt. 1989)

In Stimpson the defendant pleaded nolo contendere to several burglary offenses and the court ordered that he pay restitution, a portion of which corresponded to an incident that was not covered by the plea agreement and for which defendant was not convicted.

Summary of this case from State v. Charbonneau
Case details for

State v. Stimpson

Case Details

Full title:STATE of Vermont v. Frederick A. STIMPSON

Court:Supreme Court of Vermont

Date published: Jun 15, 1989

Citations

563 A.2d 1001 (Vt. 1989)
563 A.2d 1001

Citing Cases

State v. Vandusen

A restitution order may not include amounts resulting from conduct on which defendant was acquitted, see…

State v. Charbonneau

Id. at 245, 691 A.2d at 1055. We cautioned, however, that a restitution order may not be based on conduct…