A man who pleaded no contest to hitting two Lyon County Jail officers over two years ago saw his appeal of restitution terms denied by the Kansas Court of Appeals.
Robert Robison III was initially charged with battery of a law enforcement officer after an incident in the Lyon County Jail from Jan. 3, 2018. Before trial, Robison and prosecutors reached a plea agreement on one count with the second charge being dropped. Prosecutors later asked Robison to pay over $2,600 in restitution costs for medical bills. Robison’s defense team said the workers compensation insurance carrier was not entitled to restitution or asked for reimbursement, but district court sided with the state.
Robison appealed, saying restitution laws violate the Kansas Constitution by encroaching upon a defendant’s right to a civil jury trial on damages caused by the defendant’s crime. He also argued a violation of the US Constitution because the penalty was increased beyond the statutory maximum and he said restitution laws don’t allow restitution to insurance companies that have already paid the victim’s medical expenses.
In a 2-1 decision, the Court of Appeals majority said Robison failed to establish any foundational connections for his concern about the Kansas Constitution. It also said the state’s restitution laws do not set mandatory minimum or maximum amounts, so the concern about penalties beyond the maximum are unfounded. It also did not find district court abused its discretion in awarding restitution to the insurance carrier in this case.
Judge Steve Leben disagreed, saying a jury should have decided the restitution amount.
