Jones

In this driving under the influence case, the trial court ordered defendant Steve Douglas Jones to pay victim restitution in the sum of $4,468.40, but in doing so failed to make a clear statement of the calculation-method it used to reach that figure. We conclude this failure amounted to an abuse of discretion and accordingly reverse the restitution order and remand the case for further proceedings on the issue of victim restitution. For guidance on remand, we address the application of proximate cause to an award of victim restitution.

FACTUAL AND PROCEDURAL BACKGROUND

Pursuant to a plea agreement, defendant pied no contest to driving with 0.08 percent or higher blood-alcohol concentration and admitted several prior convictions and that he had a blood-alcohol concentration in excess of 0.20 percent. As part of the agreement, a charge of hit and run (leaving the scene of an accident) was dismissed with a Harvey waiver. The court granted defendant probation and ordered him to pay restitution to the victim of the hit and run, Cindy Townsend, in an amount to be determined.

At a later restitution hearing, the victim (now Shipman-Townsend) testified about the restitution…