950 N.E.2d 731
Ind. Ct. App.2011Background
- A 16-year-old, J.H., admitted to attempted unlawful residential entry after damaging a neighbor's door.
- restitution was ordered as a condition of probation in the dispositional order.
- Two late, unexplained 'estimates' were presented by the victim: $850+$150 and later $1,117.65, neither copied or verified in court.
- The State bore the burden to establish a valid restitution amount; the court relied on the late estimates without evidence.
- A pre-dispositional report and victim impact statement were part of the proceedings; issues exist regarding their inclusion in the Record on Appeal.
- The appellate court reversed and remanded to vacate the restitution order and consider a new hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonableness of restitution amount | State contends the estimates support the loss; order reasonable. | J.H. argues estimates were speculative and not admissible evidence. | Restitution order vacated; evidence insufficient to support amount. |
| Juvenile's ability to pay restitution | Court may set restitution amount as a condition of probation. | Court failed to adequately inquire into J.H.'s ability to pay. | Court failed to conduct sufficient inquiry; remand for proper assessment. |
Key Cases Cited
- M.L. v. State, 838 N.E.2d 525 (Ind. Ct. App. 2005) (restitution requires reasonable evidence of loss; abuse of discretion standard)
- Shane v. State, 769 N.E.2d 1195 (Ind. Ct. App. 2002) (adult restitution standard as a guide for juveniles)
- T.C. v. State, 839 N.E.2d 1222 (Ind. Ct. App. 2005) (evidence must provide a reasonable basis for estimating loss)
- Cherry v. State, 772 N.E.2d 433 (Ind. Ct. App. 2002) (victim impact statement can support restitution amount)
- Cloum v. State, 779 N.E.2d 84 (Ind. Ct. App. 2002) (victim impact statements are integral to sentencing process)
- Shuttleworth v. State, 469 N.E.2d 1210 (Ind. Ct. App. 1984) (pre-dispositional report as neutral document for dispositional determinations)
- Adamson v. Norwest Bank, N.A., 609 N.E.2d 35 (Ind. Ct. App. 1993) (record-keeping and inclusion of documents on appeal; appellate diligence)