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STATE v. APPLEGATE

No. 81,288.

266 Kan. 1072 (1999)

976 P.2d 936

STATE OF KANSAS, Appellant, v. JASON C. APPLEGATE, Appellee.

Supreme Court of Kansas.

Opinion filed March 5, 1999.

Attorney(s) appearing for the Case

Jared S. Maag, assistant attorney general, argued the cause, and Carla J. Stovall, attorney general, was with him on the brief for appellant.

Jeffery A. Mason, of Vignery & Mason, L.L.C., of Goodland, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

The State appeals, claiming that the district court abused its discretion by finding that the defendant's restitution obligation under K.S.A. 21-4610(d)(1) had been satisfied by the settlement in a civil suit.

On May 25, 1996, roadway conditions were poor. Jason C. Applegate, with a blood alcohol level of greater than .08, while driving at a speed in excess of 70 mph, attempted to pass a vehicle...

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