State v. Applegate

The opinion of the court was delivered by

Lockett, J.:

The State appeals, claiming that the district court abused its discretion by finding that the defendant’s restitution obligation under K.S.A. 21-4610(d)(1) had been satisfied by the settlement in a civil suit.

On May 25, 1996, roadway conditions were poor. Jason C. Applegate, with a blood alcohol level of greater than .08, while driving at a speed in excess of 70 mph, attempted to pass a vehicle. There were three passengers in Applegate’s car: Chad S. Wolfe, Tyler J. Callicrate, and Heather M. Draper. Applegate’s vehicle left the roadway…