State v. Gutierrez-Medina

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII) and third-degree assault. As part of his sentence, the trial court ordered defendant to pay restitution in the amount of $154,827.63 for medical treatment that the assault victim had received for the victim’s injuries. On appeal, defendant challenges the restitution order, arguing that the trial court erred when it refused to reduce the restitution amount based on the comparative fault of the victim. We conclude that the statutory comparative-fault scheme does not apply to the criminal restitution…