Restitution delayed is not restitution denied!

2015-M-303       State of Minnesota, Respondent, vs. Kenneth E. Andersen, Appellant.

This case presents the issue of whether the district court abused its discretion when, 6 years after his conviction, it ordered appellant Kenneth Andersen to pay restitution under Minn. Stat. §§ 611A.04-.045 (2014). 

In June 2008 Andersen was convicted of first-degree premeditated murder, for the killing of Chad Swedberg.  At the sentencing hearing, the court sentenced Andersen to life in prison without the possibility of release and reserved the issue of restitution for 30 days.  The State timely filed and served a request for restitution, but the court took no further action on the restitution issue.  On direct appeal, we affirmed Andersen’s conviction.   

Andersen then brought a petition in 2013 for post-conviction relief that the district court summarily denied, and we affirmed on appeal.

In October 2014 the district court granted the restitution request and ordered Andersen to pay $6,500 in restitution.  We affirm the district court’s restitution order as modified

HELD:  1.  The district court did not abuse its discretion when it ordered appellant to pay restitution 6 years after his conviction for first-degree premeditated murder.

2.  A motion filed in appellant’s criminal case was not the proper procedural vehicle to obtain review of the administrative actions of the Department of Corrections.

3.  The district court did not err in denying appellant’s motion for appointment of counsel.

Dietzen (Gildea, Anderson, Stras, Wright, and Lillehaug)

Took no part:  Hudson

 [MURDER] [RESTITUTION]

 A14-2210