State v. Jeremy York Cunningham

Jeremy Cunningham appeals the Ada County district court’s award of restitution entered under Idaho Code section 37-2732(k). The Idaho Court of Appeals vacated the restitution award, and we granted the State’s timely petition for review. Because we conclude the State failed to support its request for restitution with sufficient evidence, we vacate and remand.

I. FACTUAL AND PROCEDURAL BACKGROUND

In September 2014, a jury convicted Cunningham of possession of a controlled substance. The district court imposed a unified sentence of five years, with one-and-one-half years fixed. On October 23,…