People v. Suttmiller

Opinion by

Judge DAILEY.

Defendant, Michael David Suttmiller, appeals the district court's order denying him a refund of overpaid restitution. We affirm.

I. Background

As pertinent here, in May 2001 defendant was sentenced to probation in connection with the theft of an asphalt roller from a rival in the asphalt paving industry. 1 He retained and used the roller for several months before it was discovered in his possession.

As a condition of probation, defendant was ordered to pay $12,166.79 in restitution to the victim. That figure included the amount ($11,871.71) it would have cost the victim to…