from the District Court of the Fourth Judicial District,
State of Idaho, Ada County. Hon. Richard D. Greenwood,
of restitution, affirmed.
D. Fredericksen, State Appellate Public Defender; Brian R.
Dickson, Deputy Appellate Public Defender, Boise, for
Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen,
Deputy Attorney General, Boise, for respondent.
Bakir Ali Habeb appeals from the district court's
judgment ordering him to pay $5, 860.45 in restitution
following a jury verdict finding him guilty of felony
malicious injury to property. Habeb argues that there was
insufficient evidence to support the restitution order and
that the district court improperly shifted the burden to him
to disprove the evidence the State presented in support of
its restitution request. For the reasons set forth below, we
AND PROCEDURAL BACKGROUND
found Habeb guilty of felony malicious injury to property.
The State alleged that Habeb committed the charged offense
when he hit the victim's vehicle, a 2011 Hyundai Elantra,
with a baseball bat. Following Habeb's conviction, the
State sought restitution in the amount of $6, 060.45.
Following an evidentiary hearing, the district court ordered
restitution in the amount of $5, 860.45. Habeb
not overturn an order of restitution unless an abuse of
discretion is shown. State v. Richmond, 137 Idaho
35, 37, 43 P.3d 794, 796 (Ct. App. 2002). When a trial
court's discretionary decision is reviewed on appeal, the
appellate court conducts a multi-tiered inquiry to determine
whether the lower court: (1) correctly perceived the issue as
one of discretion, (2) acted within the boundaries of such
discretion, (3) acted consistently with any legal standards
applicable to the specific choices before it, and (4) reached
its decision by an exercise of reason. Lunneborg v. My
Fun Life, 163 Idaho 856, 863, 421 P.3d 187, 194 (2018).
determination of the amount of restitution, which includes
the issue of causation, is a question of fact for the trial
court. State v. Corbus, 150 Idaho 599, 602, 249 P.3d
398, 401 (2011); State v. Hamilton, 129 Idaho 938,
943, 935 P.2d 201, 206 (Ct. App. 1997). The district
court's factual findings with regard to restitution will
not be disturbed on appeal if supported by substantial
evidence. Cor ...