Edward Hines Sigler v. Commonwealth of Virginia
61 Va. App. 674
| Va. Ct. App. | 2013Background
- Appellant Edward Hines Sigler pled guilty to burglary and five counts of grand larceny.
- The trial court ordered restitution totaling $2,000 for the loss alleged by the victim, L.F.
- At sentencing, the Commonwealth presented a loss value based on items not recovered and a list of stolen items.
- The list of items and related loss were not entered into evidence but were used to support the restitution amount.
- Appellant contends the loss amount is speculative and not proven by a preponderance of the evidence, challenging the restitution figure.
- Court affirms restitution as supported by the record and notes sentencing courts may consider hearsay with reliability indicia in setting restitution
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the restitution amount was proven by a preponderance of the evidence | Sigler contends L.F.'s loss is speculative | Sigler asserts insufficient evidence to establish exact loss amount | Restitution upheld; evidence supports amount at preponderance of the evidence |
| Whether L.F.'s unsworn loss list is a reliable basis for restitution | Sigler argues the list is inadmissible hearsay | Sigler argues list bears reliability and is admissible for restitution | Court accepts hearsay with indicia of reliability; list supported by preponderance of the evidence |
Key Cases Cited
- Smith v. Commonwealth, 52 Va. App. 26, 660 S.E.2d 691 (2008) (victim may opine on value; hearsay allowed with reliability for restitution)
- McCullough v. Commonwealth, 38 Va. App. 811, 568 S.E.2d 449 (2002) (restitution evidence may be based on various sources if reliable)
- Deal v. Commonwealth, 15 Va. App. 157, 421 S.E.2d 897 (1992) (sentencing discretion in ordering restitution)
- Grattan v. Commonwealth, 278 Va. 602, 685 S.E.2d 634 (2009) (abuse of discretion only if unreasonable under the circumstances)
- Alger v. Commonwealth, 19 Va. App. 252, 450 S.E.2d 765 (1994) (allowing hearsay in sentencing with reliability)
- Moses v. Commonwealth, 27 Va. App. 293, 498 S.E.2d 451 (1998) (informational reliability of hearsay in sentencing)
- McClain v. Commonwealth, 189 Va. 847, 55 S.E.2d 49 (1949) (historical note on sentencing discretion and evidence sources)
- Allstate Insurance Co. v. Charity, 255 Va. 55, 496 S.E.2d 430 (1998) (proof of loss; insurer investigations; good faith)