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State v. Bosley

Court of Appeals of Idaho

March 6, 2014

STATE OF IDAHO, Plaintiff-Respondent,
v.
E.J. WENDELL BOSLEY, Defendant-Appellant.

UNPUBLISHED OPINION

2014 Unpublished Opinion No. 403

Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Richard S. Christensen, District Judge.

Order of restitution

John M. Adams, Kootenai County Public Defender; Jay Logsdon, Deputy Public Defender, Coeur d'Alene, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent.

MELANSON, Judge

E.J. Wendell Bosley appeals from the district court's order of restitution entered upon his plea of guilty to disturbing the peace. For the reasons set forth below, we affirm.

I. FACTS AND PROCEDURE

The following facts were elicited at a preliminary hearing and are disputed by Bosley. In February 2012, the victim and two friends walked along a street in downtown Coeur d'Alene. All three had been drinking. Bosley, also walking down the street, began conversing with the three. The conversation turned to football and the victim said some negative things about a team Bosley liked. Bosley became angry and punched the victim in the head. The victim fell to the ground and struck her head against the pavement. One of the victim's friends attended to her while the other began to fight Bosley. When police arrived, one of the friends reported the foregoing facts to officers. However, the victim indicated she had not been hit and did not want to press charges. The victim lacked any memory of the incident--she remembered talking about football and then being on the sidewalk talking to officers. The following day, the victim went to the hospital and was treated for a head injury.

The state charged Bosley with aggravated battery. I.C. §§ 18-903(a), 18-907(a). Bosley agreed to plead guilty to an amended charge of disturbing the peace, I.C. § 18-6409, and agreed to pay restitution. The district court imposed a sentence of 180 days in jail. The district court suspended 170 days and allowed Bosley to work 40 hours in the community labor program in lieu of the remaining 10 days in jail. The state requested restitution in the amounts of $400 for wages lost by the victim due to missed work and $2730 for nonrefundable tuition payments made for classes the victim was unable to attend. Bosley filed a written objection and requested a hearing with respect to the proposed $2730 for tuition.

At the hearing, the victim testified and the state presented evidence supporting the $2730 restitution request. Bosley argued the district court should decline to award this amount because there was no causal nexus between the injuries sustained by the victim and the crime Bosley pled guilty to (disturbing the peace). Bosley also argued the tuition payments were an expense the victim would have incurred regardless of whether she sustained the injury. The district court ruled that, pursuant to the plea agreement, Bosley consented to pay the victim restitution for the injuries to her head and the losses therefrom. The district court also found the tuition payments to be economic losses resulting from the attack and entered a restitution order in the amounts requested by the state. Bosley appeals.

II. ANALYSIS

Bosley contends the district court erred by determining he consented to pay restitution for losses not caused by his admitted criminal conduct. Specifically, Bosley contends the only conduct he pled guilty to was "noise-making." The state argues the terms of Bosley's plea agreement required him to pay ...


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