State v. Taylor

FILED
IN THE OFFICE OF THE
CLERK OF SUPREME COURT
JUNE 23, 2022
STATE OF NORTH DAKOTA
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2022 ND 129State of North Dakota, Plaintiff and Appellee
v.
Shon Taylor, Defendant and Appellant
No. 20220038
Appeal from the District Court of Ward County, North Central Judicial
District, the Honorable Richard L. Hagar, Judge.
AFFIRMED AND REMANDED.
Per Curiam.
Christopher W. Nelson, Assistant State’s Attorney, Minot, ND, for plaintiff and
appellee.
Benjamin C. Pulkrabek, Mandan, ND, for defendant and appellant.
State v. Taylor
No. 20220038
Per curiam.
[¶1] Shon Taylor appeals from an amended criminal judgment entered after
he pled guilty to burglary and was ordered to pay restitution. The district court
ordered Taylor pay restitution in the amount of $57,013, including $13,355.38
payable to State Farm Fire and Casualty Company and $43,657.62 payable to
the victim listed on the confidential information form. On appeal, Taylor
argues the district court erred in ordering restitution because the failure to
question one of the witnesses about the value of the stolen items was an
obvious error and there was a clerical error in calculating the amount of his
restitution. Taylor and the State agree there was a mathematical error in
calculating the amount of restitution Taylor was ordered to pay the victim and
the restitution should be reduced by $1,000. We direct the district court to
modify the amended judgment and reduce the amount of restitution Taylor is
ordered to pay the victim to $42,657.62 and the total amount of restitution to
$56,013. Except for the clerical error in the amount of the restitution, we
conclude the district court acted within statutory limits. State v. McGowen,
2020 ND 121, ¶ 25, 943 N.W.2d 817 (stating a restitution order is reviewed to
determine whether the district court acted within statutory limits, which is
similar to the abuse of discretion standard of review). We affirm the amended
judgment, except the clerical error, under N.D.R.App.P. 35.1(a)(2) and (4), and
remand for the court to correct the clerical error.
[¶2] Jon J. Jensen, C.J.
Gerald W. VandeWalle
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
1