State v. Mast

2001 UT App 402, 40 P.3d 1143, 437 Utah Adv. Rep. 27, 2001 Utah App. LEXIS 114, 2001 WL 1636312
CourtCourt of Appeals of Utah
DecidedDecember 20, 2001
DocketNo. 20000889-CA
StatusPublished
Cited by20 cases

This text of 2001 UT App 402 (State v. Mast) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Mast, 2001 UT App 402, 40 P.3d 1143, 437 Utah Adv. Rep. 27, 2001 Utah App. LEXIS 114, 2001 WL 1636312 (Utah Ct. App. 2001).

Opinion

OPINION

GREENWOOD, Presiding Judge:

§1 Defendant Tara Kay Mast pleaded guilty to receiving stolen property. The stolen property she received was part of several items stolen from the victim's home. Defendant was ordered to pay restitution for all items stolen in the burglary, as well as all damages claimed by the victim of the burglary, including bank fees and lost work time. She appeals the amount of the restitution order. We reverse and remand.

BACKGROUND

2 The parties do not dispute the facts of this case.1 On February 3, 2000, Deputy Hansen of the Salt Lake County Sheriffs Office responded to a forgery call at the Super Target store located at 7025 South Park Center Drive. Upon Deputy Hansen's arrival, store security personnel told him that defendant was in their custody for presenting a stolen check as payment for several items. The check was drawn on the account of Curtis Belnap. The deputy was aware that Mr. Belnap had been the victim of a recent burglary.

13 Deputy Hansen questioned defendant in the store security office. Defendant asked if she could leave and go to the restroom and asked if she could retrieve a feminine pad from her purse. Deputy Hansen asked if he could get it for her, and defendant pointed to a small black pouch When the deputy picked up the pouch, defendant quickly grabbed it. The deputy informed defendant [1145]*1145that he needed to check the pouch,. Defendant gave the deputy the pouch. Deputy Hansen found four men's rings and a gold pocket watch inside the pouch. Defendant claimed the items were hers. Mr. Belnap later confirmed that the rings and watch were items stolen from his home.

14 Defendant, after being advised of her rights, stated that a male friend had given her the rings, watch, and checks. However, she stated that she could not remember this friend's name, nor could she provide a description of him. Defendant represented that she and her daughter were at the store with this friend who gave her daughter the checks and told the daughter to use them to pay for their purchases at the store and then the friend left. Defendant admitted she knew the checks were stolen, but denied any knowledge of the burglary. Defendant was acquainted with Mr. Belnap.

15 Defendant was arrested and charged with Forgery, a third degree felony in violation of Utah Code Ann. § 76-6-501 (1999), and Theft by Receiving Stolen Property, a third degree felony in violation of Utah Code Ann. § 76-6-408 (1999). Defendant pleaded guilty to Receiving Stolen Property. In her plea, defendant admitted that she received the rings and the watch, valued at $1020.00. Defendant did not admit to possession of any other stolen property. Defendant was sentenced to 0 to 5 years in prison, which was suspended, 180 days in jail, and three years probation. Defendant was also ordered to pay $1200 in fines and fees; however, these were also suspended by the trial court. Finally, the trial court ordered defendant to pay restitution in the amount of $5090. This figure was the total value of property taken from Mr. Belnap, excluding the returned rings and watch, and for costs to replace the checks and lost wages resulting from time spent with his bank and the police.

16 Defendant objected to the restitution amount at the sentencing hearing. Defendant also filed a motion to alter or amend the judgment. In both her objections and motion, defendant argued that under the restitution statute she should pay only for those items resulting from her culpability. Because she did not plead to burglary and was not convicted for that crime, she argued she was not responsible for the restitution the trial court imposed. The trial court denied the motion. Defendant appeals.

ISSUES AND STANDARDS OF REVIEW

17 Defendant argues the trial court erred in requiring her to pay restitution for the items taken in the burglary, but never in her possession, and for lost wages and fees incurred by the victim relating to the burglary, because she did not admit responsibility for the burglary and was not convicted of the crime. Defendant first asserts that the trial court incorrectly interpreted Utah Code Ann. § 76-3-201(4)(a)() (1999) in ordering restitution. Under usual cireumstances, "[aln appellate court will not disturb a trial court's restitution order unless it exceeds that prescribed by law or otherwise abused its discretion." State v. Breeze, 2001 UT App 200,¶ 5, 29 P.3d 19 (quotations and citations omitted). However, "(tlhe proper interpretation of a statute is a question of law." Rushton v. Salt Lake County, 1999 UT 86,¶17, 977 P.2d 1201. "Therefore, when reviewing an order ... involving the interpretation of a statute, we accord no deference to the legal conclusions of the district court but review them for correctness." Id.

118 Second, defendant argues the trial court violated her due process rights when it ordered her to pay restitution without her admission of culpability or conviction for the burglary. " 'Constitutional issues, including ... due process, are questions of law which we review for correctness." " In re Adoption of S.L.F., 2001 UT App 183,¶9, 27 P.3d 588, (quoting In re KM., 965 P.2d 576, 578 (Utah Ct.App.1998)).

ANALYSIS

I. RESTITUTION UNDER SECTION 76-3-201

1 9 Defendant argues the trial court erred in ordering her to pay restitution beyond her admission to culpability. Restitution is governed by Utah Code Ann. § 76-8-201(4) (1999). This section provides in part:

[1146]*1146When a person is convicted of eriminal activity that has resulted in pecuniary damages, in addition to any other sentence it may impose, the court shall order that the defendant make restitution to victims of crime as provided in this subsection, or for conduct which the defendant has agreed to make restitution as part of a plea agreement.

Id. § 76-3-201(4)(a)(@). " 'Criminal activities' means any offense of which the defendant is convicted or any other eriminal conduct for which the defendant admits responsibility to the sentencing court with or without an admission of committing the criminal conduct." Id. § 76-3-201(1)(b).

110 "We begin our analysis by examining the plain language of the applicable statutes and apply other methods of statutory interpretation only when the language is either ambiguous or inconsistent." State v. Westerman, 945 P.2d 695, 696 (Utah Ct.App. 1997) (interpreting Utah's restitution statute). "When examining a statute's plain language, we strive to give meaning to each section of the statute in order to give effect to all of the statute's terms." Id. at 697.

11 Defendant argues that under the plain language of the statute, she cannot be ordered to pay restitution in the amount ordered by the trial court. She pleaded guilty only to receiving stolen property, and in her plea she specifically admitted to receiving four rings and a watch.

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Bluebook (online)
2001 UT App 402, 40 P.3d 1143, 437 Utah Adv. Rep. 27, 2001 Utah App. LEXIS 114, 2001 WL 1636312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mast-utahctapp-2001.