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ATTORNEY FOR APPELLANT Jessie A. Cook Terre Haute, Indiana

ATTORNEYS FOR APPELLEE Steve Carter Attorney General of Indiana Andrew A. Kobe Deputy Attorney General Indianapolis, Indiana

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In the

Indiana Supreme Court
_________________________________ No. 84S01-0409-CR-434 JEDEDIAH HALTOM, Appellant (Defendant below), v. STATE OF INDIANA, Appellee (Plaintiff below). _________________________________ Appeal from the Vigo Superior Court, No. 84D05-0106-DF-1580 The Honorable Barbara L. Brugnaux, Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 84A01-0310-CR-415 _________________________________ August 16, 2005 Sullivan, Justice.

Jedediah Haltom crashed his truck into a woman's car while driving under the influence. He settled with her for his car insurance's limits, and she executed a release from any future damages or compensation "of whatever nature." In the collateral criminal prosecution, Haltom argued that the trial court's award of cash restitution to the victim violated the release. The trial court had authority to award restitution: a private contract to which neither the State nor the court

are parties cannot impinge upon the authority of the State to seek and the court to impose a criminal sanction.

Background

On June 21, 2001, Jedediah Haltom drove his truck into Linda D. Meyer's car. Haltom's blood alcohol content at the time of the collision measured .179%. As a result of the crash, Meyer suffered serious head and neurological injuries and subsequently accrued $27,956.68 in medical expenses and lost wages.

Before Haltom's criminal trial commenced, Meyer entered into a civil settlement agreement on October 23, 2001, with Haltom's insurance carrier, Nationwide Insurance Company, in compensation for the injuries she suffered. On the advice of her private attorney, Meyer agreed in exchange for $100,000.00 to release Nationwide Insurance, Haltom, and Haltom's mother, Cindy Stone, from any further liability for damages arising from the accident. In relevant part, Meyer agreed that: FOR AND IN CONSIDERATION OF the payment to me/us the sum of ONE HUNDRED THOUSAND AND 00/100 ($100,00.00) dollars, and other good and valuable consideration, I/we, being of lawful age, have released and discharged, and by these presents do for myself/ourselves, my/our heirs, administrators, executors and assigns, release, acquit and forever discharge Cindy Stone and Jedediah Haltom and Nationwide Insurance and any and all other persons and corporations, whether herein named or referred to or not, of and from any and all past, present and future actions, causes of action, claims, demands, damages, costs, loss of service, expenses, compensation, third party actions, suits at law or in equity, including claims for suits or contributions and/or indemnity, of whatever nature, and all consequential damage on account of, or in any way growing out of any and all known or unknown personal injuries, death, and/or property damage resulting or to result from an accident that occurred on or about 6-21-01 at or near 15TH STREET, TERRE HAUTE, VIGO COUNTY, INDIANA. Def.'s Ex. 2. Meyer received payment of $100,000.00 from Nationwide Insurance on December 18, 2001, which was the limit of Haltom's policy.

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After the start of Haltom's criminal trial, Meyer, through her private attorney, filed a Victim's Restitution Claim on February 27, 2002. Haltom objected to Meyer's restitution claim on the basis that she had waived her right to do so under the release she had signed on October 23, 2001. Haltom pled guilty to causing serious bodily injury while operating a motor vehicle with a blood alcohol content measuring greater than .10. 1

At his sentencing hearing, the State asked that the trial court order Haltom to pay restitution. The trial court sentenced Haltom to probation and a period of home detention. Further the court ordered Haltom to serve 100 hours of community service and to pay $27,956.88 in restitution to Meyer. Haltom appealed the court's restitution order.

The Court of Appeals reversed. Haltom v. State, 808 N.E.2d 761 (Ind. Ct. App. 2004). It held that the trial court's restitution order was an abuse of its discretion, concluding that the Release signed by Meyer precluded the court from ordering Haltom to pay any further restitution as a condition of his probation. Id. at 765. The State sought, and we granted, transfer. 822 N.E.2d 977 (Ind. 2004)

Discussion

Criminal restitution is provided for by Indiana Code Section 35-50-5-3. It states in relevant part that: in addition to any sentence imposed under this article for a felony or misdemeanor, the court may, as a condition of probation . . . order the person to make restitution to the victim of the crime. . . . The Court shall base its restitution order upon a consideration of: (2) medical and hospital costs incurred by the victim (before the date of sentencing) as a result of the crime; (4) earnings lost by the victim (before the date of sentencing) as a result of the crime including earnings lost while the victim was hospitalized or participating in the investigation or trial of the crime.
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Ind. Code

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Indiana Law