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STATE v. TUPA

Nos. 20040106, 20040132.

691 N.W.2d 579 (2005)

2005 ND 25

STATE of North Dakota, Plaintiff and Appellee v. Mark Joseph TUPA, Defendant and Appellant. State of North Dakota, Plaintiff and Appellee v. Brandon Kok, Defendant and Appellant.

Supreme Court of North Dakota.

January 24, 2005.

Attorney(s) appearing for the Case

James O. Johnson, State's Attorney, Stanton, ND, for plaintiff and appellee.

Todd A. Schwarz, Bismarck, ND, for defendant and appellant Mark Joseph Tupa.

Loren Cay McCray, Bismarck, ND, for defendant and appellant Brandon Kok.

VANDE WALLE, Chief Justice.

[¶ 1] Mark Tupa and Brandon Kok appealed from restitution orders that directed them each to pay $12,000 in victim compensation stemming from their pleading guilty to felony criminal mischief. Both appeals raise identical issues, whether the trial court abused its discretion in determining the amount of restitution or the defendants' ability to pay restitution. We affirm the restitution orders.

[¶ 2] Tupa and Kok pleaded...

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