State v. Holt

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 113,990 STATE OF KANSAS, Appellee, v. WILLIAM D. HOLT II, Appellant. SYLLABUS BY THE COURT 1. K.S.A. 2015 Supp. 21-6604(b)(1) requires the sentencing court to order the defendant to pay restitution unless the court finds compelling circumstances that would render a plan of restitution unworkable. 2. Under K.S.A. 2015 Supp. 21-6604, restitution is the rule and a finding that restitution is unworkable is the exception. It is the defendant's burden to come forward with evidence regarding an alleged inability to pay restitution. 3. An appellate…