Martin v. State

127 N.E.3d 1235
Indiana Court of Appeals·Decided June 20, 2019·No. Court of Appeals Case No. 18A-CR-2726·Published

Opinion

Darden, Senior Judge.

*1236Statement of the Case

[1] James E. Martin, Jr., appeals the trial court's issuance of a restitution order in the amount of $2,000 after Martin pleaded guilty to auto theft, a Level 6 felony.1 We affirm.

Issue

[2] Martin raises one issue, which we restate as: whether the trial court's restitution order is supported by sufficient evidence.

Facts and Procedural History

[3] Cheryl Fenwick owned a 1987 Jeep Comanche with a camper shell. The Jeep needed a new clutch plate and a new driver's side window, but it was otherwise functional. Fenwick discovered that the Jeep had been removed from a parking lot near her home without her permission, and she called local salvage yards in an attempt to find it. She learned that the Jeep had been sold for scrap to a particular salvage yard on August 2, 2017. Fenwick called the police.

[4] A detective with the Evansville Police Department went to the salvage yard to investigate. During his investigation, he learned that the Jeep had been partially crushed, and several parts had been removed. The detective further learned that Martin had sold the Jeep to the salvage yard for $121.60 as scrap. As part of the sales process, Martin had signed an affidavit stating that he owned the Jeep.

[5] Martin was brought to police headquarters. During questioning, he admitted that he had: (1) arranged to have the Jeep towed to the salvage yard; (2) signed a document at the salvage yard affirming that he was the Jeep's owner; and (3) received money for the Jeep.

[6] On November 1, 2017, the State charged Martin with auto theft, a Level 6 felony, and further alleged that Martin was an habitual offender. On August 28, 2018, the parties entered into a plea agreement involving two pending cases against Martin. In the current case, Martin agreed to plead guilty to auto theft, and the State agreed to dismiss the habitual offender enhancement. The parties further agreed that if the trial court accepted the agreement, Martin would serve six months in the Indiana Department of Correction. Finally, Martin agreed and promised "to make full and complete restitution in an amount to be determined by the court." Appellant's App. Vol. II, p. 21.

[7] On September 18, 2018, the victim, via the State, filed with the trial court a claim for restitution. Fenwick asserted in her claim that she was entitled to $3,500 for the loss of the Jeep and attached to the claim copies of reports she had found online estimating the value of a 1987 Jeep Comanche.

[8] On October 2, 2018, the trial court held a sentencing hearing. The trial court sentenced Martin to serve six months, per the terms of the parties' agreement. The trial court further dismissed the habitual offender sentencing enhancement on the State's motion. Finally, the trial court heard evidence on the State's request for restitution.

[9] After having received testimonial evidence at the hearing, on November 7, 2018, the trial court issued an order directing Martin to pay $2,000 to Fenwick. The trial court further ordered the entry of a civil judgment against Martin in favor of Fenwick in that amount. This appeal followed.

*1237Discussion and Decision

[10] Martin claims the trial court's restitution award is unsupported by the evidence. In the course of imposing a sentence for a felony or a misdemeanor, a trial court may order a defendant to make restitution to the victim of the crime. Ind. Code § 35-50-5-3 (2017). The trial court may consider, among other types of losses, "property damages of the victim incurred as a result of the crime, based on the actual cost of repair (or replacement if repair is inappropriate) ...." Id. Restitution must reflect actual loss incurred by a victim. Batarseh v. State , 622 N.E.2d 192, 196 (Ind. Ct. App. 1993), trans. denied .

[11] "The principal purpose of restitution is to vindicate the rights of society and to impress upon the defendant the magnitude of the loss the crime has caused." Pearson v. State , 883 N.E.2d 770, 772 (Ind. 2008). Restitution also serves to compensate the offender's victim. Id. " '[A]n order of restitution is as much a part of a criminal sentence as a fine or other penalty.' " Haltom v. State , 832 N.E.2d 969, 971 (Ind. 2005) (quoting Miller v. State , 502 N.E.2d 92, 95 (Ind. 1986) ).

[12] An order of restitution is within the trial court's discretion and will be reversed for an abuse of discretion. Ault v. State , 705 N.E.2d 1078, 1082 (Ind. Ct. App. 1999). An abuse of discretion occurs if the court's decision is clearly against the logic and effect of the facts and circumstances before the court. Davis v. State , 772 N.E.2d 535, 540 (Ind. Ct. App. 2002), trans. denied . We will affirm the trial court's decision if there is any evidence supporting the decision. Ault , 705 N.E.2d at 1082.

[13] In this case, Fenwick testified that her husband had bought the 1987 Jeep Comanche from a friend who has since passed away. She further explained that prior to the theft, the Jeep had a camper shell. It needed a new clutch plate and a new driver's side window but was otherwise functional. She also had in her possession a title to the vehicle.

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Martin v. State, 127 N.E.3d 1235 (Ind. Ct. App. 2019).

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Related

Pearson v. State
883 N.E.2d 770 (Indiana Supreme Court, 2008)
Haltom v. State
832 N.E.2d 969 (Indiana Supreme Court, 2005)
Ault v. State
705 N.E.2d 1078 (Indiana Court of Appeals, 1999)
Batarseh v. State
622 N.E.2d 192 (Indiana Court of Appeals, 1993)
Miller v. State
502 N.E.2d 92 (Indiana Supreme Court, 1986)
Davis v. State
772 N.E.2d 535 (Indiana Court of Appeals, 2002)
Kenneth Smith v. State of Indiana
990 N.E.2d 517 (Indiana Court of Appeals, 2013)