Darden, S.J.
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Akins and the State entered into a plea agreement. Akins agreed to plead guilty as charged [to battering IMPD Officer Tyler Watson]. … Akins also agreed as a condition of probation to pay restitution to the “City of Indianapolis” in an amount to be set by the court. [Record citations omitted throughout.]
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At the restitution hearing, the State did not present any witnesses. Instead, the State merely tendered to the court medical records and bills for Officer Antwon Keyes, which indicated that he had experienced a leg injury on December 15, 2013, while struggling with an unidentified “suspect” or “person.” [Footnote omitted.] The State requested $27,966.71 in restitution arising from Officer Keyes’ injury. Akins argued that the State’s request for restitution was inappropriate because there was no evidence to support the allegations that he caused Officer Keyes’ injury and the increasing medical expenses and bills. Without more, the court ordered Akins to pay restitution in the amount of $27,966.71 and entered a civil judgment against Akins. This appeal followed.
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In this case, the State correctly concedes that there is no evidence in the record that Akins caused Officer Keyes’ leg injury. Indeed, there is no evidence that Officer Keyes’ injury occurred in connection with Akins’ arrest. Akins pleaded guilty to battering and injuring Officer Watson, not Officer Keyes. Further, the State charged Akins with resisting law enforcement as a Class A misdemeanor, which does not require proof of injury. At the time Akins committed his crimes, the offense of resisting law enforcement was a Class D felony where a person was injured in the course of the defendant’s resistance. Ind. Code § 35- 44.1-3-1(b). Finally, the medical records that the State submitted at the restitution hearing refer to a “person” or “suspect” as causing Officer Keyes’ injury without providing a name.
Under these circumstances, the trial court’s restitution award was against the logic and effects of the facts and circumstances, and we must reverse. [Citations omitted.]
We remand for an evidentiary hearing on restitution. [Citation omitted.] At the hearing, the State must prove that Officer Keyes’ injury resulted from Akins’ criminal behavior. Restitution must reflect actual medical costs incurred by the victim and may not include recovery for duplicated medical charges, such as those covered by insurance. [Citation omitted.] Akins must be given an opportunity to test the State’s evidence and submit his own.
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Reversed and remanded.
Vaidik, C.J., and Bailey, J., concur.
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Akins and the State entered into a plea agreement. Akins agreed to plead guilty as charged [to battering IMPD Officer Tyler Watson]. … Akins also agreed as a condition of probation to pay restitution to the “City of Indianapolis” in an amount to be set by the court. [Record citations omitted throughout.]
….
At the restitution hearing, the State did not present any witnesses. Instead, the State merely tendered to the court medical records and bills for Officer Antwon Keyes, which indicated that he had experienced a leg injury on December 15, 2013, while struggling with an unidentified “suspect” or “person.” [Footnote omitted.] The State requested $27,966.71 in restitution arising from Officer Keyes’ injury. Akins argued that the State’s request for restitution was inappropriate because there was no evidence to support the allegations that he caused Officer Keyes’ injury and the increasing medical expenses and bills. Without more, the court ordered Akins to pay restitution in the amount of $27,966.71 and entered a civil judgment against Akins. This appeal followed.
….
In this case, the State correctly concedes that there is no evidence in the record that Akins caused Officer Keyes’ leg injury. Indeed, there is no evidence that Officer Keyes’ injury occurred in connection with Akins’ arrest. Akins pleaded guilty to battering and injuring Officer Watson, not Officer Keyes. Further, the State charged Akins with resisting law enforcement as a Class A misdemeanor, which does not require proof of injury. At the time Akins committed his crimes, the offense of resisting law enforcement was a Class D felony where a person was injured in the course of the defendant’s resistance. Ind. Code § 35- 44.1-3-1(b). Finally, the medical records that the State submitted at the restitution hearing refer to a “person” or “suspect” as causing Officer Keyes’ injury without providing a name.
Under these circumstances, the trial court’s restitution award was against the logic and effects of the facts and circumstances, and we must reverse. [Citations omitted.]
We remand for an evidentiary hearing on restitution. [Citation omitted.] At the hearing, the State must prove that Officer Keyes’ injury resulted from Akins’ criminal behavior. Restitution must reflect actual medical costs incurred by the victim and may not include recovery for duplicated medical charges, such as those covered by insurance. [Citation omitted.] Akins must be given an opportunity to test the State’s evidence and submit his own.
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Reversed and remanded.
Vaidik, C.J., and Bailey, J., concur.