337 P.3d 426
Wyo.2014Background
- Guinard pleaded guilty to three counts of larceny and agreed to restitution determined by the district court.
- The plea agreement required restitution to several victims, including Range Drilling, Mill Creek Metal, Ward’s Iron, Toni and Thomas Coons, and Wind River Casino.
- At a restitution hearing, the district court ordered $40,183.30 to Range Drilling, $4,500 to Mill Creek Metals, $2,679.50 to Toni Coons, and $5,000 to Wind River Casino, later reflected in an amended judgment.
- Coons’ claim for brass damages totaled $7,179.50; no receipts or itemization supported the $679.50 portion beyond the $2,000 awarded.
- Range Drilling presented an itemized loss including missing and damaged items with varying valuation methods; the court relied on bids and replacement/repair costs to determine damages.
- On appeal, the court affirmed restitution with two minor recalculations and remanded for an amended order reflecting those corrections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the district court abuse its discretion awarding Range Drilling restitution? | Guinard argues the evidence did not prove the amount for Range Drilling. | Guinard contends the district court miscalculated or overvalued damages. | Yes and no; award affirmed subject to remand for $263 reduction (1,463 vs 1,200) and total adjustment. |
| Did the district court abuse its discretion awarding Toni Coons $679.50 of her claim? | Coons claimed replacement cost supported by documentation; some amount unsupported. | Guinard argues the entire award is improper due to lack of proof for the additional amount. | Yes; the court properly awarded $2,000 but not the $679.50. |
| Was the overall restitution order properly based on reasonable evidence of pecuniary damage? | Range Drilling and Coons presented credible evidence; costs derived from bids and testimony. | Guinard contends evidence failed to establish fair market value for certain items. | Partially; sufficient for several items but some damages lacked adequate substantiation. |
Key Cases Cited
- Morris v. State, 2009 WY 88 (Wy. 2009) (restraints on necessity of credible evidence to support restitution)
- Cummings v. State, 2009 WY 130 (Wy. 2009) (burden on State to present credible evidence for restitution)
- Smith v. State, 2012 WY 130 (Wy. 2012) (verifiable evidence supporting actual damages justifies restitution)
- Glover v. State, 2007 WY 169 (Wy. 2007) (restitution based on victim testimony about damages)
- Cross v. Berg Lumber Co., 7 P.3d 922 (Wy. 2000) (measures of value for restitution when items are destroyed or damaged)
