 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
State v. Dennis3/27/2000
Edgar Dennis III pleaded guilty to three counts of third degree assault for allegedly assaulting Seattle Police Officers Zsolt Dornay, Aaron Libby, and another officer. At the restitution hearing, the State established the required causal connection between Officer Dornay's injuries and Dennis's assault, but failed to establish a causal connection between Officer Libby's injuries and Dennis's assault. Nonetheless, the sentencing court ordered Dennis to pay $287.42 in restitution for medical expenses incurred by Officers Dornay and Libby. We affirm the sentencing court's $106.48 order for Officer Dornay's medical expenses, and vacate the sentencing court's $180.94 order for Officer Libby's medical expenses.
FACTS
On October 21, 1997, the State charged Edgar Dennis III with third degree assault, alleging that Dennis knowingly assaulted three law enforcement officers while they were performing official duties on July 3, 1997. According to the State's Certification of Probable Cause, Seattle Police Officers Zsolt Dornay, Aaron Libby, and Sausman discovered marijuana and a nine-millimeter handgun in Dennis's car on July 30, 1997. The officers read Dennis his Miranda rights and attempted to handcuff him. Dennis 'threw a handful of coins at Officer Dornay striking him in the face{,} . . . pushed Officer Sausman towards the patrol car{,} . . . grabbed Officer Libby's left thumb and bent it backwards{, and} . . . ran into Officer Dornay injuring his knee.' Clerk's Papers at 2. 'Officer Dornay and Officer Libby were treated at Northwest Hospital for their injuries.' Id.
On December 9, 1997, Dennis entered into a plea agreement with the State, in which he agreed to plead guilty and pay restitution to the victims 'in full' in exchange for the State's promise to file no additional charges in this case. On January 26, 1998, the trial court accepted Dennis's plea and sentenced him within the standard range.
On July 13, 1998, the sentencing court held Dennis's restitution hearing. At this hearing, the State presented a letter from the King County Prosecuting Attorney's Office Victim Assistance Unit, averring that 'Officers Dornay and Libby were treated at Northwest Hospital for their injuries.' Id. at 34. In the next sentence, this letter stated that 'Seattle Workers' Compensation paid $180.94 on Officer Libby's claim, and $106.48 on Officer Dornay's claim.' Id. The State also presented a letter from a claims specialist at the City of Seattle Workers Compensation Unit, noting Officer Dornay's July 30, 1997 injury . Attached to this letter is the City of Seattle Workers Compensation Unit's payment history reports for Officer Dornay, reflecting an unpaid balance of $106.48, which it had paid to Northwest Hospital. Dennis objected to the State's evidence, contending that the State failed to prove that Dennis's offense caused the officers' injuries. Nonetheless, based on these documents, the sentencing court ordered Dennis to pay a total of $287.42 in restitution for the two officers' medical expenses. Dennis appeals this order.
DISCUSSION
I. Restitution Orders
Dennis contends that the sentencing court erred by ordering him to pay restitution to the two police officers he allegedly assaulted because the State failed to prove restitution at the sentencing court's hearing. The State concedes that it failed to establish restitution in Officer Libby's case.
'Restitution shall be ordered whenever the offender is convicted of an offense which results in injury to any person' and whenever the offender agrees to pay restitution to his or her victims. RCW 9.94A.142(2). The State is obligated to establish the amount of restitut
Page 1 2 3 Washington Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|