Summary
The Wyoming Supreme Court reviewed a restitution order imposed after Ralph D. Brown pleaded guilty to burglary. The court held that credible testimony from the victims and information in the presentence report provided a sufficient basis for the $5,451.65 restitution award and that the district court did not abuse its discretion. The judgment and sentence were affirmed.
Topics
Practice areas
Questions Presented
- Whether sufficient credible evidence supported the district court's restitution order.
- Whether the district court otherwise abused its discretion in ordering restitution.
Holdings
- The restitution order was supported by sufficient credible evidence because the victims provided credible, informed, and uncontradicted testimony regarding the value of the stolen property, supplemented by the presentence report.
- The district court did not commit procedural error or clearly abuse its discretion in ordering $5,451.65 in restitution.
Key quotations
“Appellate review of ordered restitution is confined to a search for procedural error or a clear abuse of discretion.” (¶ 9, 70 P.3d at 241)
“We hold that there was sufficient credible evidence to sustain the district court's findings with respect to restitution, as well as that the sentence imposed with respect to restitution was well within the trial court's discretion.” (¶ 10, 70 P.3d at 241)
Factual background
Brown pleaded guilty to burglarizing the home of two victims while they were on vacation. The victims testified about stolen property, including medical bags, silver dollars, jewelry, an antique humidor, cash, and coin wraps, and provided estimates or researched values for the items. Brown conceded that the $895 estimate for repairing stolen guns was accurate, while challenging the valuation of other property. The district court ordered total restitution of $5,451.65.
Procedural history
Brown entered a guilty plea to burglary, and the district court entered judgment on March 14, 2002. After receiving restitution evidence at sentencing, the district court ordered Brown to pay $5,451.65 to the victims. The Wyoming Supreme Court reviewed the restitution order and affirmed the judgment and sentence.