Rule 27.03, Subd. 9 Is Proper Method By Which To Challenge Restitution, Subject to The Restitution Limitations Period

Evans v. State, Minn.S.Ct., 6/8/2016.  Mr. Evans is serving a life sentence without possibility of release.  The trial court also ordered him to pay a bunch of money to the Crime Victims Reparations Board.  Mr. Evans filed a motion under Rule 27.03, subd. 9 to correct his sentence, arguing that the restitution statute did not authorize awards to the CRVB, and even if it did, the amount that had been awarded was wrong.

Justice Dietzen says that Rule 27.03, subd. 9 is a proper vehicle by which to challenge an award of restitution, provided that the challenge does not go beyond the sentence.  Restitution is part of a sentence so Mr. Evans was on firm ground by invoking the rule.  State v. Gaiovnik, 794 N.W.2d 643 (Minn. 2011).  The Justice also says that the trial court has the authority to award restitution to the CRVB.  Finally, because Mr. Evans' challenge to the restitution award came more than thirty days of receiving notification of the request or within thirty days of sentencing, whichever is later, the trial court correctly determined that his challenge was too late.