(DOWNLOAD) "State V. Edelman" by Washington Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: State V. Edelman
- Author : Washington Court of Appeals
- Release Date : January 30, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The primary issue presented in this case is whether a court has the authority to modify a restitution order entered under RCW 9.94A.142 to provide for payment to a victim's estate after the victim has passed away. The State appeals the trial court's orders dismissing its motion to sanction Elizabeth Edelman for noncompliance with a restitution order after the death of the named recipient and denying a motion to amend the order. We hold that a defendant's restitution obligation does not automatically end when a victim dies and that the statutes permit the modification of a restitution order to provide for payments to the victim's estate. We conclude that the court erred in finding it did not have the jurisdiction to continue restitution in this case and in dismissing the State's motion for sanctions. Therefore, we reverse.