context: In Hall, we enunciated the standard practice a district judge should follow when he or she needs more time to determine an amount of restitution. Specifically, a district judge should expressly enter an order of continuance and conduct a second hearing in open court with the defendant present. Although we recognized in Hall that there have been no " 'magic words' " required from a district judge under Cooper and its progeny to continue a sentencing from one hearing to the next and enable setting of a final restitution amount, more than nothing has nevertheless been the rule.
citation_a.signal: see
citation_a.identifier: 267 Kan. 16, 16, 18-19
citation_a.parenthetical: judge ordered restitution "with that amount to be determined within 30 days"
citation_a.sentence: Hall, 298 Kan. at 987; see, e.g., Cooper, 267 Kan. at 16, 18-19 (judge ordered restitution “with that amount to be determined within 30 days”); see also State v. Phillips, 45 Kan. App. 2d 788, 790-93, 253 P.3d 372 (2011) (defendant contested restitution amount at sentencing; parties agreed, judge ordered evidentiary hearing on amount of restitution); State v. Bryant, 37 Kan. App. 2d 924, 925, 927-31, 163 P.3d 325 (judge ordered restitution with “amount to be determined within 30 days”), rev. denied 285 Kan. 1175 (2007); State v. Lang, No. 104, 714, 2011 WL 6943098, at *1-2 (Kan. App. 2011) (unpublished opinion) (restitution ordered but judge decided to “leave that amount open” for later hearing); State v. Lewis, No. 101,127, 2010 WL 2502873, at *5-6 (Kan. App. 2010) (unpublished opinion) (judge held issue of restitution “open”), rev. denied 292 Kan. 968 (2011); State v. Wagoner, No. 100,180, 2009 WL 1692248, at *1-2 (Kan. App. 2009) (unpublished opinion) (district court failed to reserve ruling on restitution at sentencing; lacked jurisdiction to increase restitution amount later).
citation_b.signal: see also
citation_b.parenthetical: judge ordered restitution with "amount to be determined within 30 days"
citation_b.sentence: Hall, 298 Kan. at 987; see, e.g., Cooper, 267 Kan. at 16, 18-19 (judge ordered restitution “with that amount to be determined within 30 days”); see also State v. Phillips, 45 Kan. App. 2d 788, 790-93, 253 P.3d 372 (2011) (defendant contested restitution amount at sentencing; parties agreed, judge ordered evidentiary hearing on amount of restitution); State v. Bryant, 37 Kan. App. 2d 924, 925, 927-31, 163 P.3d 325 (judge ordered restitution with “amount to be determined within 30 days”), rev. denied 285 Kan. 1175 (2007); State v. Lang, No. 104, 714, 2011 WL 6943098, at *1-2 (Kan. App. 2011) (unpublished opinion) (restitution ordered but judge decided to “leave that amount open” for later hearing); State v. Lewis, No. 101,127, 2010 WL 2502873, at *5-6 (Kan. App. 2010) (unpublished opinion) (judge held issue of restitution “open”), rev. denied 292 Kan. 968 (2011); State v. Wagoner, No. 100,180, 2009 WL 1692248, at *1-2 (Kan. App. 2009) (unpublished opinion) (district court failed to reserve ruling on restitution at sentencing; lacked jurisdiction to increase restitution amount later).