People v. Matzke, 842 N.W.2d 557

Victim owned a gas-oil separator near property with mineral rights; defendant rented adjacent house nearby.
On Dec 13, 2010, defendant tried to haul the separator away on a trailer; victim attempted to stop him and called 911.
Defendant wrapped a chain around trees to pull the separator off the trailer; first tree broke, then used a larger tree to detach it.
Police arrested defendant at the scene; defendant claimed he thought the separator was junk and was taking it to scrap yard.
Trial established the separator worked before the incident and was damaged during attempted removal; victim estimated $4,580 repair cost.
Defendant was convicted of larceny valued between $1,000 and $20,000; restitution of $4,580 was ordered.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether hearsay may be considered at restitution hearing	Gubachy; hearing is sentencing, rules apply but evidence can be considered.	Hearsay should be excluded under evidentiary rules.	Hearsay properly considered; sentencing allows evidentiary flexibility.
Whether restitution amount is properly supported by the evidence	Victim's testimony and repair estimate support $4,580.	No counter evidence; amount lacks sufficient proof.	Preponderance supports $4,580 restitution.

People v Benton, 294 Mich App 191 (2011) (de novo review of statutory interpretation; restitution context)
People v Allen, 295 Mich App 277 (2012) (interpretation of restitution statutes; evidentiary findings review)
Gubachy, 272 Mich App 706 (2006) (restitution and proof by preponderance)
Grant, 455 Mich 221 (1997) (ability to order restitution in sentencing; use of presentence materials)
Bell, 276 Mich App 342 (2007) (mandatory restitution, scope of losses)
Gushlak, 728 F.3d 184 (2013) (federal sentencing; rules of evidence not controlling at restitution)
Ogden, 685 F.3d 600 (2012) (evidence in restitution during sentencing; logs/records admissibility)