Argued: May 5, 2016
F. McKee, Esq., McKee Billings, P.A., Augusta, for appellant
Christopher T. Knight
Maeghan Maloney, District Attorney, and Emily Collins, Stud.
Atty., Prosecutorial District IV, Augusta, for appellee State
F. McKee, Esq., for appellant Christopher T. Knight
F. Cavanaugh II, Asst. Dist. Atty., Prosecutorial District
IV, Augusta, for appellee State of Maine.
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM,
Majority: MEAD, GORMAN, JABAR, and HJELM, JJ.
This case calls for us to determine whether Maines
restitution statutes authorize an order of restitution for
the benefit of the Maine State Police (MSP) for expenses it
incurred when it repaired a woods road it used during a
criminal investigation and its aftermath. We conclude that in
the circumstances of this case, the MSP is not a statutorily
eligible recipient of restitution, and we therefore vacate
the order of restitution but affirm the remaining aspects of
the judgment of conviction and the related sentence.
In 2013, Christopher T. Knight was arrested after living for
twenty-seven years in complete isolation in the woods near
Rome. During that time, Knight committed many burglaries and
thefts, entering and stealing from nearby residences. After
he was arrested and charged, in October 2013 he pleaded
guilty in the trial court (Kennebec County, Mills
J.) to a number of those burglaries and thefts, and was
admitted to the co-occurring disorders court (CODC) pursuant
to an agreement between the parties as approved by the court.
Imposition of sentence was deferred pending Knights
participation in the CODC.
During the plea hearing, the parties entered into the record
an agreement for a particular set of sentences that were to
be imposed if Knights participation in the CODC were
successful, and greater sentences that the State would
recommend to the court if Knight did not fulfill the
requirements of the CODC program. Under both alternatives,
the parties agreed that as part of the sentences imposed in
the primary case,  which consists of one count of burglary
(Class B), 17-A M.R.S. § 401(1)(B)(4) (2015), and one
count of theft by unauthorized taking or transfer (Class E),
17-A M.R.S. § 353(1)(A) (2015), Knight would be ordered
to pay restitution of approximately $1, 900 to the
"victims of charged and uncharged cases."
Additionally, the State reserved the right to seek additional
restitution at the sentencing hearing. That additional
restitution is the subject of this appeal.
In March 2015, the court held a sentencing hearing where the
parties agreed that Knight had satisfied the requirements
associated with the CODC program. Pursuant to the parties
earlier agreement on the sentence that would be imposed if he
met those requirements, the court sentenced Knight on the
burglary charge to a term of imprisonment of five years with
all but seven months suspended, to be followed by three years
of probation, and to a ...