Commonwealth v. Shawn Morseman, 2011-SC-000167, ___ S.W.3d ___ (Ky. 2012).Opinion by Justice Scott. To be published. Restitution. Morseman was indicted on second degree arson by complicity and fraudulent insurance acts by complicity over #300. He pled guilty to fraudulent insurance acts by complicity over $300. He was ordered to pay restitution, $48,598.02, as part of the plea agreement. The Supreme Court analyzed whether the trial court abused its discretion when, as part of a plea agreement, it ordered Morseman to reimburse Amica for insurance proceeds distributed for property damage, alternative housing, and living expenses, which were damages not incurred as a result of the fraudulent insurance acts- the only crime for which he pled guilty. By statute, KRS 533.030(3), 532.350(1)(1), 304.47-020(2)(d), Morseman would not be required to pay restitution because the loses were due to the fire and he did not pled guilty to arson. However, the Supreme Court upheld the order of restitution as part of the plea agreement.
Contributed by Brandon Jewell