State v. Hall

319 P.3d 506, 298 Kan. 978, 2014 Kan. LEXIS 103
Supreme Court of Kansas·Decided February 28, 2014·No. No. 102,495·Published·Cited by 78 cases

Opinion

The opinion of the court was delivered by

Beier, J.:

Anthony Earl Hall pleaded guilty to attempted rape, attempted second-degree murder, and aiding a felon. At his sentencing hearing, the district court judge sentenced Hall to a term of imprisonment and ordered restitution to remain open for 30 days. At a later hearing, die district court judge ordered Hall to pay more than $32,000 in restitution, including $469 for relocation expenses incurred by the victim of the attempted rape.

Hall appealed the district court’s order of restitution on two grounds. First, he argued that the district court lacked subject matter jurisdiction to impose restitution after the first hearing. Second, and in the alternative, he argued that the victim’s relocation expenses were not caused by his crime and were improper under K.S.A. 21-4603d(b)(l). In State v. Hall, No. 102,495, 2010 WL 5490727, at *2-6 (Kan. App. 2010) (unpublished opinion), a panel of our Court of Appeals affirmed the restitution order. Hall also unsuccessfully appealed the judge’s use of his criminal history in calculating his sentence. The Court of Appeals rejected Hall’s argument under State v. Ivory, 273 Kan. 44, 46-48, 41 P.3d 781 (2002). 2010 WL 5490727, at *6.

Hall petitioned this court for review of his restitution arguments and the Ivory issue.

Factual and Procedural Background

In late 2006, Hall, along with his two brothers, Christopher and Mike Hall, committed several violent crimes in Topeka. The State filed three cases against Hall. Under a plea agreement, Hall pleaded guilty to charges in all three cases in exchange for dismissal [980] of other charged conduct. A consolidated appeal of the district court’s order of restitution followed.

In case 07-CR-332, the State charged Hall with alternative counts of attempted rape and sexual batteiy based on an attack on S.G. in November 2006. S.G. had just finished doing laundry in her apartment complex’s laundry room when, as she was walking up the steps from the room, she heard someone approach from behind her. She turned around and saw Hall, a resident and maintenance worker at the complex, standing naked with an erection. Hall grabbed S.G. around her neck, covered her mouth, and pulled her back down the stairs. Hall told S.G., “Bitch you fucldn[’] scream and I will fuck you up.” Fearing for her life, S.G. nevertheless screamed and resisted. Hall smashed S.G.’s head against the wall twice and attempted to pull down her pants. S.G. was able to break free and run from the apartment complex. Hall ran in the opposite direction.

The charges in case 07-CR-748 were based on a Christmas Day 2006 attack carried out by Hall and his two brothers. Armed with two “giant hammer[s]” and a BB gun, the three entered the apartment of Michael Delaney and struck him and his girlfriend, Jennifer Hughes, multiple times. Delaney suffered a depressed skull fracture, subdural hematoma, and hemorrhaging. He was airlifted to a hospital in Kansas City. Hughes suffered three skull fractures from a blow to the back of her head. She required plates in her two broken hands—defensive injuries she received while trying to protect her head during the attack. The State charged Hall with aggravated robbery and two counts of attempted second-degree murder with alternative charges of aggravated battery.

In case 08-CR-568, Hall was charged with aiding a felon after he helped his brother Christopher dispose of a 15-year-old female’s body in a field near Lake Shawnee. Hall helped Christopher load the body into a car. Once Hall and Christopher reached the field, Hall poured gasoline on the nude body, and Christopher set it on fire. According to the coroner’s report, tire victim had died as a result of a broken neck and a skull fracture and displayed injuries consistent with being kicked or stomped. A rape ldt recovered se[981] men from the victim’s vagina, and a subsequent DNA analysis matched the semen to Christopher.

Hall pleaded guilty to attempted rape, attempted intentional second-degree murder, and aiding a felon. In exchange, the State dismissed all other charges. Hall’s plea agreement stated that Hall would be responsible for restitution.

On December 19, 2008, the district judge sentenced Hall to consecutive sentences of 102 months’ imprisonment for attempted rape and 102 months’ imprisonment for attempted second-degree murder and a concurrent sentence of 19 months’ imprisonment for aiding a felon. At the State’s request, the district judge ordered restitution to remain open for 30 days. At the end of the hearing, the district judge informed Hall that he had 10 days to appeal his conviction and sentence. Hall filed his notice of appeal on December 22,2008. Eight days later, the State filed a motion for a hearing on restitution.

On March 10, 2009, 81 days after the first hearing, the district judge held another hearing in open court with Hall and his counsel present. None of the victims or their families requested restitution at this second hearing. The State put on evidence that the Crime Victims Compensation Board (Board) had paid $5,363 for various expenses incurred by S.G., including counseling fees ($1,200), lost wages ($3,296), relocation expenses ($469), and “other” expenses ($395).

Hall’s counsel objected to all but the counseling fees. Hall argued that the Board’s criteria for paying expenses were broader than the extent of the court’s discretion to award restitution under K.S.A. 21-4603d(b)(l) and that the contested expenses were not caused by the crime.

The district judge determined that Hall’s crime was a “direct cause” of the lost wages and relocation expenses and ordered Hall to pay $4,965. According to the judge, the “other” expenses were too vague to determine any causal link to the crime. The judge also ordered Hall to pay a total of $27,109.67 in restitution in connection with the attack on Delaney and Hughes. The judge deferred his determination of a restitution amount for Hall’s aiding of a felon. It is unclear from the record on appeal and the parties’ briefs [982] whether the district judge ever ordered Hall to pay restitution as a result of that crime; neither side argues about it; and we therefore disregard the judge’s statement that consideration of the issue was deferred.

Before the Court of Appeals, Hall initially argued that the district judge lacked subject matter jurisdiction to order restitution because he unlawfully modified the sentence imposed during the first hearing. The Court of Appeals panel held that this court’s decision in State v. Cooper, 267 Kan. 15, 997 P.2d 960 (1999), controlled. Hall, 2010 WL 5490727, at *2. Under Cooper, a district court could order restitution at sentencing but had discretion to set the amount of restitution at a later date. 267 Kan. at 18.

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State v. Hall, 319 P.3d 506, 298 Kan. 978, 2014 Kan. LEXIS 103 (kan 2014).

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