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State of North Dakota v. Samy Lee Benson
Case Number: Per Curiam
Judge: 2020 ND 43
Court: IN THE SUPREME COURT
STATE OF NORTH DAKOTA
Plaintiff's Attorney: Wayne D. Goter, Assistant State’s Attorney
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Samy Lee Benson appeals from a criminal judgment and restitution
order. At the restitution hearing the State introduced evidence of the victim’s
cost of repair. Benson did not introduce contrary evidence. On appeal, Benson
argues the district court erred by ordering $16,446.03 in restitution because
the award exceeds what would make the victim “whole.” We summarily affirm
under N.D.R.App.P. 35.1(a)(2), (4), and (7). See State v. Clayton, 2016 ND 131,
¶ 10, 881 N.W.2d 239 (“When the party with the burden of proof establishes a
prima facie case, the burden of going forward with the evidence shifts . . . to
the defendant . . . [and the] party will prevail unless the opposing party offers
proof to the contrary.
Outcome: To make a showing of proof to the contrary, the defendant
must present evidence sufficient to equalize the weight of the plaintiff’s
evidence.” (internal citations and quotation marks omitted)).