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Restitution — Limitations — Time Limit

State v. Jeffrey Kenneth Krohn, 2002 WI App 96

Issue: Whether the remedy for a conceded violation in following statutory procedure, including time limit, in determining restitution amount is remand for a restitution hearing under proper procedure.

Holding:

¶13 While we accept Krohn’s challenge to the circuit court’s restitution order, we reject his attempt to prevent the court from properly determining restitution and issuing the appropriate restitution order. Consistent with “the goal [of WIS. STAT. § 973.20] of facilitating complete restitution for the victim,” see Perry, 181 Wis. 2d at 56, we: (1) reverse the portion of the judgment of conviction that addresses restitution; (2) reverse the orders denying Krohn’s motion to vacate and his motion to reconsider; and (3) remand the case to the circuit court with instructions to vacate the restitution order, determine restitution in a manner consistent with the requirements of § 973.20(13), and enter the appropriate restitution order.

 

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