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• Title: Todd Miller v. State Idaho
• Author : Supreme Court of Idaho No. 15790
• Release Date : January 21, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

In this appeal we consider whether, prior to July 1, 1985, the Idaho Youth Rehabilitation Act permitted juvenile courts to order juveniles to pay non-property restitution to victims. The facts of this case are simply stated. Following an exchange of words, appellant Todd Miller, age 15, struck another youth in the eye with his fist. The lens of the eyeglasses the youth was wearing broke, and a shard of glass entered the youth's eye. Miller was ultimately convicted of simple battery in juvenile court. He was placed on probation, subject to several conditions, including the requirement that he pay restitution for the medical expenses incurred by the other youth. All of these events occurred prior to July 1, 1985, when I.C. § 16-1814 read, In cases where there is loss or damage of property, the court may provide for full or partial restitution in the manner and form prescribed by the court.[Footnote 1] (Emphasis added.) Appellant contends that under the express wording of the statute a juvenile court could not properly order payment of non-property restitution. Miller appealed to the district court from the magistrate's order of restitution, arguing that the payment of non-property restitution was not authorized under the version of the Idaho Youth Rehabilitation Act which was in effect prior to July 1, 1985. The district court upheld the juvenile court's order, requiring the payment of restitution. Miller then appealed to this Court. We reverse.

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