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State v. Willson8/3/2005
s, 2001 SD 31, 17, 623 NW2d 78, 83 (lay witness may give an opinion if he has personal knowledge of the matter and non-expert testimony requires no foundation). We further hold that it was sufficient to support the restitution awarded. See Harris v. State, 542 So2d 1312 (AlaCrimApp 1989)(uncertified copies of medical bills and expenses properly admitted into evidence at restitution hearing and properly considered by sentencing judge); State v. Wilson, 914 P2d 1346 (ArizCtApp 1996)(restitution order supported where victim authenticated his medical bills and testified concerning his out-of-pocket losses resulting from the injuries defendant inflicted on him); Sims v. State, 637 So2d 21 (FlaDistCtApp 1994)(restitution order supported where victim testified concerning injuries she sustained during the crime and concerning her future tangible medical expenses resulting from her injuries); People v. Kim, 694 NE2d 421 (NY 1998)(presentence report's detailed itemization of documented medical costs incurred by victim together with defendant's express and implied concessions of the accuracy and authenticity of those figures afforded the court a sufficient evidentiary basis for restitution award); People v. Periard, 788 NYS2d 725 (NYAppDiv 2005)(victim's sworn testimony sufficient to establish losses she incurred including replacement of certain personal items, lost wages and medical expenses); State v. Bunn, 310 SE2d 792 (NCCtApp 1984)(ample evidence supported court's restitution recommendation where the series of medical bills establishing the amount were present at court); Maloy v. State, 990 SW2d 442 (TexApp 1999)(finding that victim's restitution expenses were "just" supported by victim's detailed testimony concerning specific medical expense amounts incurred as a result of defendant's crime/victim's testimony concerning medical expenses actually incurred and of which she had direct knowledge not hearsay).
[ .] Affirmed.
[ .] GILBERTSON, Chief Justice, and SABERS, KONENKAMP, ZINTER and MEIERHENRY, Justices, participating.
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