State v. Hamilton, 2018 UT App 202 (Oct. 25, 2018)
Oct 25, 2018
In this securities fraud case, the State and defendant stipulated to $38,000 in restitution and a recommendation of no time in jail, based largely on defendant’s cooperation. The district court ordered defendant to serve jail time and pay restitution in the amount of $382,085. Affirming, the court of appeals held the parties’ stipulation regarding restitution was not binding on the district court, and that the district court did not exceed its discretion in ordering restitution in excess of the parties’ stipulation, where the district court relied the presentence report to determine the appropriate amount and applied relevant statutory factors.