JH v. State
950 N.E.2d 731
| Ind. Ct. App. | 2011Background
- J.H., a sixteen-year-old, was adjudicated delinquent for attempted unlawful residential entry; restitution issue reserved.
- Victim submitted estimates for damages: $850 (Mr. Fix It) and later $1,117.65 (Tucker's Construction); neither estimate was admitted into evidence or copied for defense.
- Dispositional order imposed probation with restitution of $1,117.65, while noting dispute over the latest claim.
- State presented late estimates shortly before hearings; no independent evidence or testimony validating the amounts was introduced.
- Court did not establish the estimates' basis, and relied on conjecture rather than proven loss; issue preserved for appeal.
- Panel reversed and remanded to vacate restitution order; new restitution hearing permissible if State elects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Restitution supported by reasonable evidence? | State: estimates were admissible evidence of loss; court acted within discretion. | J.H.: State failed to prove validity of estimates; no evidence of cost breakdown; records not in record. | Restitution order not based on reasonable evidence; abuse of discretion. |
| Court’s inquiry into juvenile's ability to pay? | State: court conducted inquiry into ability to pay via pre-dispositional context; record adequate. | J.H.: focus should be on juvenile's ability to pay; court limited inquiry and erred. | Court failed to adequately inquire into J.H.'s ability to pay; remand to vacate restitution. |
Key Cases Cited
- M.L. v. State, 838 N.E.2d 525 (Ind. Ct. App. 2005) (restitution review standard for juveniles; abuse of discretion.)
- Shane v. State, 769 N.E.2d 1195 (Ind. Ct. App. 2002) (adult restitution basis for loss; guidance for juveniles.)
- T.C. v. State, 839 N.E.2d 1222 (Ind. Ct. App. 2005) (sufficiency of evidence in restitution context; avoid speculation.)
- Cherry v. State, 772 N.E.2d 433 (Ind. Ct. App. 2002) (victim impact statements can support restitution when relied upon.)
- Cloum v. State, 779 N.E.2d 84 (Ind. Ct. App. 2002) (victim impact statements are integral to sentencing.)
- Shuttleworth v. State, 469 N.E.2d 1210 (Ind. Ct. App. 1984) (pre-dispositional report utility and role.)
- Adamson v. Norwest Bank, N.A., 609 N.E.2d 35 (Ind. Ct. App. 1993) (recording and incorporation principles for appellate record.)