State v. Moore - 20090143
Case Summary
Jonathan Moore appeals the district court's order requiring payment of $1,784 in restitution arising out of Moore's guilty plea to theft of property, a class C felony.
Moore stole a pickup truck from Cedric Theel Toyota/Dodge on September 23, 2007, and used it to burglarize another business in Bismarck. Bismarck police found the truck the following day and returned it to the dealership with 36 additional miles on its odometer. Moore pled guilty to theft of property. At a restitution hearing, the owner of Cedric Theel Toyota/Dodge requested $2,384 in restitution. The district court determined the evidence did not support the dealership's request and ordered Moore to pay Cedric Theel Toyota/Dodge $1,784 in restitution. Moore timely filed this appeal.
On appeal, Moore argues the restitution order was in error. Moore claims his classification as a habitual offender precludes the order of restitution because the judicial system has abandoned efforts to rehabilitate him. Moore also asserts the evidence does not support the amount of restitution ordered.