State v. Hall

304 P.3d 677, 297 Kan. 709, 2013 WL 3242252, 2013 Kan. LEXIS 583
CourtSupreme Court of Kansas
DecidedJune 28, 2013
DocketNos. 102,297; 102,663
StatusPublished
Cited by39 cases

This text of 304 P.3d 677 (State v. Hall) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hall, 304 P.3d 677, 297 Kan. 709, 2013 WL 3242252, 2013 Kan. LEXIS 583 (kan 2013).

Opinion

The opinion of the court was delivered by

Beier, J.:

This appeal, before us on petition for review, asks whether retail cost or wholesale cost is the appropriate measure of loss for determining restitution for stolen inventory. Our answer is: “It depends.” We reject a bright-line rule favoring either retail [710]*710or wholesale cost. The sentencing judge must evaluate the evidence, weigh all factors, and consider the facts and circumstances of each case to determine a value that will compensate the victim for the actual loss caused by the defendant’s crime.

Factual and Procedural Background

Defendant Pamela Sue Hall was employed for 2 months at an animal clinic owned by Dr. Marc Hardin and his wife, Beverly. During this time, defendant altered computer records to, among other things, erase medical histories and outstanding bills for services performed on her own pets. She also stole inventory from the clinic. The total value of the clinic’s missing inventory and defendant’s unpaid bills was well in excess of $1,000, but less than $25,000. See K.S.A. 21-3701. A jury convicted defendant of computer crime and theft. The district court granted probation and, later, held a hearing to determine restitution.

Testimony at the hearing from Beverly Hardin established that the total retail value of verifiably missing inventoiy was $9,645.82. On cross-examination, defense counsel established that the wholesale cost of the inventory—the amount the clinic paid for items verified to be missing—totaled $4,523.50. Defense counsel also established that there were three specific occasions when, after defendant left her employment, a customer attempted to purchase something but was unable to do so because it was missing. The profit on these three items, had the clinic been able to sell them, would have totaled $70.

The sentencing judge imposed restitution payable to the clinic in the total amount of $14,293.11. The portion of this figure attributable to the stolen inventory was based on the retail rather than wholesale price for the stolen inventoiy. The judge stated that he was “accepting] the retail value” of stolen inventory “because otherwise it would deny the Hardins, as any business, their chance to make a profit on items that they sell.”

Applying a de novo standard and relying on the United States Supreme Court’s 1930 decision in Illinois Cent. R. Co. v. Crail, 281 U.S. 57, 50 S. Ct. 180, 74 L. Ed. 699 (1930), the Court of Appeals held that, as a matter of law, retail value was not a proper [711]*711measure of restitution because the loss suffered was the wholesale price the clinic had paid for the items. State v. Hall, 45 Kan. App. 2d 290, 303-04, 247 P.3d 1050 (2011).

Illinois Cent., distinct in several respects from the instant case, was a civil damages case involving a coal dealer whose carload of coal, purchased at wholesale, was short on delivery. The United States Supreme Court held that the appropriate measure of damage in that case was the wholesale rather than retail value of the coal. It was undisputed that recovery of the wholesale price would fully compensate G.I. Crail, and recovery of the retail price would result in a windfall. Noting the goal was to compensate for injury actually suffered, the Court held that wholesale price was preferred over retail “when, in circumstances like the present, it is clearly the more accurate measure.” Illinois Cent., 281 U.S. at 65.

We granted the State’s petition for review, which argues that the Court of Appeals’ decision effectively stripped sentencing courts of broad statutory discretion to fashion appropriate restitution amounts.

Discussion

The restitution statute at issue, K.S.A. 21-4610(d) states:

“(d) In addition to any other conditions of probation, suspension of sentence or assignment to a community correctional services program, the court shall order the defendant to comply with each of the following conditions:
(1) Make reparation or restitution to the aggrieved party for the damage or loss caused by the defendant’s crime, in an amount and manner determined by the court and to the person specified by the court

The parties both characterize the question before us as one of law over which this court has unlimited review. The Court of Appeals agreed. Hall, 45 Kan. App. 2d at 301-02.

We have previously noted that there are at least three standards potentially applicable in reviewing challenges to a restitution order. See State v. Dexter, 276 Kan. 909, 912-13, 80 P.3d 1125 (2003). Issues regarding the amount of restitution and the manner in which it is made to the aggrieved party are normally subject to review under an abuse of discretion standard. State v. Hunziker, 274 Kan. 655, 659-60, 56 P.3d 202 (2002); see also State v. Ward, 292 Kan. [712]*712541, 550, 256 P.3d 801 (2011), cert. denied 132 S. Ct. 1594 (2012) (defining abuse of discretion). A district judge’s factual finding of causation between the crime and the victim’s loss is subject to a substantial competent evidence standard of review. State v. Goeller, 276 Kan. 578, Syl. ¶ 1, 77 P.3d 1272 (2003); see also State v. May, 293 Kan. 858, 862, 269 P.3d 1260 (2012) (defining substantial competent evidence). And this court has unlimited review over interpretation of statutes. State v. Maass, 275 Kan. 328, 330, 64 P.3d 382 (2003).

Because the most forgiving of the three standards, abuse of discretion, necessarily ensures that legal error and unsupported factual findings are considered on appeal, the various formulations of the standard of review set forth in our earlier restitution cases do not trouble us.

“Judicial discretion is abused if judicial action (1) is arbitrary, fanciful, or unreasonable, i.e., if no reasonable person would have taken the view adopted by the trial court; (2) is based on an error of law, i.e., if the discretion is guided by an erroneous legal conclusion; or (3) is based on an error of fact, i.e., if substantial competent evidence does not support a factual finding on which a prerequisite conclusion of law or the exercise of discretion is based.” ’ ” State v. Rodriguez, 295 Kan. 1146, 1156, 289 P.3d 85 (2012) (quoting State v. Robinson, 293 Kan. 1002, 1027-28, 270 P.3d 1183 [2012], State v. Ward, 292 Kan. 541, 550, 256 P.3d 801 [2011]).

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Cite This Page — Counsel Stack

Bluebook (online)
304 P.3d 677, 297 Kan. 709, 2013 WL 3242252, 2013 Kan. LEXIS 583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hall-kan-2013.