In Re Brendan G.

212 P.3d 830, 221 Ariz. 492, 553 Ariz. Adv. Rep. 29, 2009 Ariz. App. LEXIS 55
CourtCourt of Appeals of Arizona
DecidedApril 2, 2009
Docket1 CA-JV-08-0081
StatusPublished

This text of 212 P.3d 830 (In Re Brendan G.) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Brendan G., 212 P.3d 830, 221 Ariz. 492, 553 Ariz. Adv. Rep. 29, 2009 Ariz. App. LEXIS 55 (Ark. Ct. App. 2009).

Opinion

212 P.3d 830 (2009)

In re BRENDAN G.

No. 1 CA-JV-08-0081.

Court of Appeals of Arizona, Division 1, Department A.

April 2, 2009.

*831 James Haas, Maricopa County Public Defender by Eleanor Terpstra, Deputy Public Defender, Phoenix, Attorneys for Appellant.

Andrew P. Thomas, Maricopa County Attorney by Diane Gunnels Rowley, Assistant County Attorney, Phoenix, Attorneys for Appellee.

OPINION

DOWNIE, Judge.

¶ 1 Brendan G. ("Brendan") was found delinquent of misdemeanor assault. On appeal, he challenges that portion of the juvenile court's restitution order that requires him to reimburse the victim for interest and fees *832 incurred on a credit account used to pay for dental treatment necessitated by the assault. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 On April 16, 2007, Brendan assaulted classmate J.P. ("Victim") at school. Victim's head and lips were severely swollen, his front tooth was knocked loose, and his bottom teeth were damaged. The nerve in Victim's front tooth died, requiring a root canal and crown. His bottom teeth required bonding. Victim's family incurred $5882 in medical and dental expenses as a result of the assault.

¶ 3 Brendan entered into a plea agreement whereby he admitted assaulting Victim in violation of Arizona Revised Statutes ("A.R.S.") section 13-1203(A)(1). At the disposition hearing, the juvenile court placed Brendan on standard probation. Because Victim had moved to Colorado, the court set a restitution hearing for a later date.

¶ 4 At the restitution hearing on February 25, 2008, the parties agreed Brendan was liable for Victim's medical and dental expenses in the sum of $5882. The court ordered Brendan to pay this amount. Victim's mother also requested reimbursement for interest charges and fees she incurred on a CareCredit® account[1] that she opened through the dental providers as a means of paying for J.P.'s treatment. The juvenile court continued the restitution hearing to consider this issue.

¶ 5 On April 10, 2008, the restitution hearing reconvened. Victim's mother testified that she incurred CareCredit interest and fees totaling $1006.19 on a principal balance of $3527.[2] Only some of J.P.'s dental expenses were charged to this account, which carried a credit limit of $3500. The account featured a 90-day interest-free introductory period. Had Victim's family paid the entire balance during that introductory period, no interest would have accrued. However, at the end of the 90-day period, the family had paid only $235—roughly the minimum amount due for that time period. Thus, interest was assessed both retroactively and prospectively. The account was also charged fees for: (1) payments made by phone; (2) exceeding the credit limit;[3] and (3) late payments. The interest rate ultimately rose to 27.99% APR based on the account's payment history. Victim's mother testified about unexpected financial reversals the family experienced after her son was assaulted, and the record reflects that the family made good faith efforts to pay the account within its limited means.[4]

¶ 6 At the conclusion of the restitution hearing, the juvenile court entered the following order:

THE COURT FINDS that the victim has sustained a monetary loss of $1,006.19 in addition to the restitution previously ordered on 02/26/2008 in the amount of $5,882.00 for a total of $6,888.19 as the result of the actions for which the juvenile was adjudicated delinquent.

¶ 7 Brendan timely appealed, arguing that the court erred in imposing the additional $1,006.19 in restitution. We have jurisdiction pursuant to A.R.S. § 8-235(A). See also In re Kevin A., 201 Ariz. 161, 163, ¶ 6, 32 P.3d 1088, 1090 (App.2001) (restitution order constitutes final order for appeal purposes).

DISCUSSION

¶ 8 We typically review a trial court's restitution order for an abuse of discretion. In re William L., 211 Ariz. 236, 239, ¶ 10, 119 P.3d 1039, 1042 (App.2005). However, in exercising its discretion, a trial court *833 may not misapply the law or a legal principle. Maricopa County Juv. Action No. JV-128676, 177 Ariz. 352, 353, 868 P.2d 365, 366 (App.1994). Whether a court may include credit card interest and fees in a restitution award is a question of law that we review de novo by interpreting statutes and applying common law principles regarding restitution.

¶ 9 Victims have the right to prompt restitution for losses they incur as a result of a crime.[5] Ariz. Const, art. 2, § 2.1(A)(8). A juvenile offender is required to make "full or partial restitution to the victim of the offense for which the juvenile was adjudicated delinquent...." A.R.S. § 8-344(A). "[W]e look to the restitution statutes and case law employed in the adult criminal prosecution context for guidance in determining whether restitution should be awarded in [a] juvenile matter." No. JV-128676, 177 Ariz. at 353, 868 P.2d at 366.

¶ 10 "Arizona's statutory scheme requiring restitution in criminal cases is based on the principle that the offender should make reparations to the victim by restoring the victim to his economic status quo that existed before the crime occurred." William L., 211 Ariz. at 239, ¶ 11, 119 P.3d at 1042. Pursuant to A.R.S. § 13-603(C) (2001), courts must award restitution "in the full amount of the [victim's] economic loss ...." A.R.S. § 13-105(16) defines "economic loss" as follows:

"Economic loss" means any loss incurred by a person as a result of the commission of an offense. Economic loss includes lost interest, lost earnings and other losses that would not have been incurred but for the offense. Economic loss does not include losses incurred by the convicted person, damages for pain and suffering, punitive damages or consequential damages.

A.R.S. § 13-105(16) (Supp.2008) (emphasis added).

¶ 11 In State v. Wilkinson, 202 Ariz. 27, 39 P.3d 1131 (2002), our supreme court enunciated a three-part test for determining when a loss is compensable via a restitution award: (1) the loss must be economic; (2) the loss must be one that the victim would not have incurred but for the criminal offense; and (3) the criminal conduct must directly cause the economic loss— i.e., the damages must not be consequential. Id. at 29, ¶ 7, 39 P.3d at 1133. If a loss does not flow directly from the defendant's criminal activity, it is considered a non-recoverable consequential damage. Id. This same test applies in juvenile delinquency cases. In re Andrew C., 215 Ariz. 366, 368, ¶ 9, 160 P.3d 687

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Bluebook (online)
212 P.3d 830, 221 Ariz. 492, 553 Ariz. Adv. Rep. 29, 2009 Ariz. App. LEXIS 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-brendan-g-arizctapp-2009.