State v. Zeiner

Knudson, J.:

Lamont W. Zeiner appeals from the restitution order entered by the district court as a condition of probation following his conviction for aiding a felon, contraiy to K.S.A. 21-3812(a), a severity level 8 nonperson felony. Zeiner contends the district court erred in imposing restitution for damages not caused by his crime.

We reverse. The damages were not caused by Zeiner s crime, nor did he acquiesce to payment of damages in the underlying plea agreement. Consequently, under K.S.A. 2002 Supp. 21-4610(d)(1), an order of restitution should not have been imposed.

The controlling facts…