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State v. Bradley8/29/2001
is unreasonably high. This argument may provide a valid basis for setting a restitution hearing, but the district court`s denial of such a hearing was an abuse of discretion only if the argument appeared on the face of the hearing request. The only references in the petition that can be construed in support of such an argument are the following: "no temporary order of a reasonable amount was given at time of sentencing" and "there was no itemized statement given at the time of sentencing or after and . . . there is no reason why the Court should not have given a temporary order of restitution for `ALL' restitutions to be paid, rendering a reasonable amount." (emphasis added)
Although both statements do address the reasonableness of the restitution amount, it strains the bounds of legal construction to say these two generalized references equate to a reasonableness challenge appearing on the face of the hearing petition. When read in conjunction with the remainder of the motion, the gist of both claims is the district court's alleged failure to enter a "temporary" restitution order at the time of sentencing, an allegation without basis, as the sentencing order clearly required payment of restitution in general, attorney fees and court costs in particular. We cannot say the district court abused its discretion by failing to interpret the hearing request as contending the funeral expenses to be unreasonably high.
Conclusion.
The district court was required to set a restitution hearing only if it appeared from the face of the petition that such a hearing was warranted. None of the above arguments establish Bradley's right to a hearing, nor does any other ground forwarded in the petition provide such a basis. We therefore find no abuse of discretion in the district court's denial of Bradley's hearing request.
AFFIRMED.
Zimmer concurs; Sackett, C.J. concurs specially without opinion.
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