State v. Iniguez

OPINION

LANKFORD, Judge.

Edward Iniguez, Jr. timely appeals from a restitution order requiring him to pay $50,000.00 of restitution as a condition of probation. The restitution order followed a settlement of a civil action between defendant and his victims. The defendant’s insurer paid a substantial sum and in exchange the victims executed a release of all claims.

This appeal requires us to decide the effect of a settlement payment in a civil damages action upon restitution in a criminal case.

I

In July of 1987, Iniguez was driving his vehicle while intoxicated and collided with another vehicle,…