Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

The People of the State of South Dakota

December 22, 2010

THE PEOPLE OF THE STATE OF SOUTH DAKOTA,
IN THE INTEREST OF K.K., MINOR CHILD AND CONCERNING K.K. AND D.K.,
RESPONDENTS.



APPEAL FROM THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT CHARLES MIX COUNTY, SOUTH DAKOTA HONORABLE BRUCE V. ANDERSON Judge

The opinion of the court was delivered by: Gilbertson, Chief Justice

CONSIDERED ON BRIEFS ON OCTOBER 4, 2010

[¶1.] K.K. admitted to a juvenile delinquency petition alleging misprision of a felony. The trial court ordered her to pay restitution to the owners of the bar that was burglarized. She appeals, arguing there is not a sufficient causal connection between K.K.'s misprision of a felony and the victim's loss to require restitution. We affirm.

FACTS

[¶2.] In January 2009, a group of teenagers broke into the Blue Room Bar in Geddes, South Dakota. Substantial damage was done to the building and many items, including alcohol and cigarettes, were stolen. An investigation revealed K.K. was one of the teenagers involved. She was sixteen at the time of the burglary. Officers interviewed K.K. and searched her home for stolen items. None were found.

[¶3.] A petition was filed charging K.K. with grand theft by receiving stolen property and aiding and abetting a third-degree burglary. The petition was later amended, dropping the previous charges and alleging that K.K. committed misprision of a felony under SDCL 22-11-12.*fn1 K.K. admitted to the amended petition.

[¶4.] At the adjudicatory hearing, K.K. stated she and several companions were riding around in a car the night of the burglary. They discussed breaking into the Blue Room Bar using a rock. K.K. told her companions they were not going to find any rocks near the bar and they should get a brick. This knowledge of the premises was based on her previous work for the cafe portion of the business. K.K. told the court that she did not witness the burglary. She stated that some of the juveniles were dropped off near the Blue Room Bar, but she remained in the car, which proceeded to drive around. The car was later summoned to pick up the companions who had burglarized the Blue Room Bar. On January 11, 2009, K.K. was called to the Sheriff's Office, where she confirmed she was in the car during the break-in. At the adjudicatory hearing, K.K. admitted being in the car immediately after the burglary occurred and either helping load the stolen items or watching them being loaded. She denied receiving any stolen merchandise, and none was found at her residence. At no point did K.K. report the crime, despite her knowledge that her companions were planning to break into the Blue Room Bar and did, in fact, do so. K.K. did not voluntarily come forward after the crime was committed.

[¶5.] The trial court stated it did not believe K.K.'s story minimizing her involvement in the burglary. The court adjudicated K.K. to be a delinquent child. Additionally, the court found a causal connection between K.K.'s conduct and the losses sustained by the Blue Room Bar. K.K. was ordered, among other things, to pay restitution jointly and severally to the Blue Room Bar pursuant to SDCL §§ 26-8C-7(1) and 26-8B-6(4), in the total amount of $3,294.05.*fn2

[¶6.] K.K. raises the following issue on appeal:

Whether the trial court erred in requiring K.K. to pay restitution.

STANDARD OF REVIEW

[¶7.] A trial court has broad discretion in imposing restitution. State v. Hofer, 2008 S.D. 109, ¶ 12, 757 N.W.2d 790, 794. The trial court's findings of fact concerning a restitution award are reviewed under the clearly erroneous standard. State v. Wingler, 2007 S.D. 59, ¶ 7, 734 N.W.2d 795, 797 (citing State v. Martin ,2006 S.D. 104, ¶ 5, 724 N.W.2d 872, 874). The standard of review for statutory interpretation is de novo. In re M.D.D., 2009 S.D. 94, ¶ 3, 774 N.W.2d 793, 794.

ANALYSIS AND DECISION

[¶8.] The trial court found K.K. to be a delinquent child and ordered restitution under SDCL ch. 26-8C,*fn3 which governs delinquent children. On appeal, K.K. argues she should not be required to pay restitution because she did not admit involvement in the burglary, and hence there is no causal connection between her misprision of a felony and the burglary causing the damage to the Blue Room Bar. In other words, she claims the Blue Room Bar sustained losses as a result of the burglary, not her failure to report the burglary. [¶9.] SDCL ch. 23A-28 governs restitution to victims in criminal cases when the defendant is an adult. This Court held in State v. Joyce , 2004 S.D. 73, ¶ 16, 681 N.W.2d 468, 471, that "South Dakota's restitution statutes require a causal connection between a defendant's crime and a victim's damages." See also Hofer ,2008 S.D. 109, ¶ 27, 757 N.W.2d at 798. The State argues that even though cases decided under SDCL ch. 23A-28 do not govern juvenile cases, for purposes of burden of proof and standard of review there is no legal rationale not to apply the same standard of review in adult and juvenile cases. Therefore, the State argues that the trial court must be "reasonably satisfied" that restitution is appropriate. Martin ,2006 S.D. 104, ¶ 5, 724 N.W.2d at 874. Rather than contest the applicable standard, K.K. contends that factually there is no such causal connection here. [¶10.] The causal connection requirement for adult restitution cases is derived from the statutory language found in SDCL 23A-28-1, which provides in part, "It is the policy of this state that restitution shall be made by each violator of the criminal laws to the victims of the violator's criminal ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.