Solis v. State

Summary

The Supreme Court of Wyoming held that restitution for stolen merchandise must be based on the property's fair market value at the time of loss, rather than its full retail price. The court concluded that the sale price reflected on the cash register receipts represented the recoverable actual pecuniary damage. It reversed the restitution award and remanded for entry of an amended judgment and sentence.

Holdings

1. Restitution for the stolen merchandise must be based on its actual pecuniary damage measured by fair market value at the time of the loss. Because JCPenney was selling the merchandise for $1,011.95 when it was stolen, the sale price, not the full retail price of $1,968.31, was the proper measure.
2. The additional damages authorized by Wyo. Stat. Ann. § 1-1-127(a)(ii) are punitive and therefore cannot be included in criminal restitution because punitive damages are excluded from statutory pecuniary damages.

Questions Presented

1. Whether restitution for stolen merchandise may be based on the merchandise's full regular retail price rather than its fair market value or sale price at the time of the loss.
2. Whether Wyoming's shoplifting civil-liability statute permits recovery of punitive damages as restitution.

Disposition

reversed_and_remanded