State v. Storlie

2002 WI App 163, 647 N.W.2d 926, 256 Wis. 2d 500, 2002 Wisc. App. LEXIS 631
CourtCourt of Appeals of Wisconsin
DecidedMay 29, 2002
Docket01-3376-CR
StatusPublished
Cited by8 cases

This text of 2002 WI App 163 (State v. Storlie) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Storlie, 2002 WI App 163, 647 N.W.2d 926, 256 Wis. 2d 500, 2002 Wisc. App. LEXIS 631 (Wis. Ct. App. 2002).

Opinion

CANE, C.J.

¶ 1. James Storlie was convicted of fleeing a police officer and operating a motor vehicle while intoxicated, fifth offense. His motion for postcon-viction relief was denied. Storlie challenges that part of the judgment and order that requires him to reimburse the police department's expenses incurred in replacing "stop sticks" used to halt his vehicle during the commission of the offenses. We conclude that restitution allowed under Wis. Stat. § 973.20 does not include reimbursement for collateral expenses incurred in the normal course of law enforcement. Therefore, we reverse the restitution ordered.

BACKGROUND

¶ 2. For purposes of this appeal, the underlying facts are undisputed. In November 2000, while on routine patrol, a Wisconsin state trooper observed a vehicle swerving in the northbound lane of State Highway 124. After seeing the vehicle nearly collide with a concrete median barrier, the trooper activated his emergency lights and siren. The vehicle continued swerving and then entered the ditch on the right side of the highway. It continued at approximately thirty miles per hour, proceeded out of the ditch and struck a traffic sign. After it stopped on the left shoulder of the road, it then drove off with the trooper in pursuit. The Chippewa Falls Police Department deployed stop sticks. After the vehicle drove over them, the officers managed to stop the vehicle. The driver, later identified as Storlie, was arrested.

¶ 3. Storlie entered guilty pleas to fleeing an officer and operating while intoxicated, fifth offense. As part of his sentence, the court ordered Storlie to pay *503 restitution pursuant to Wis. Stat. § 973.20 to the police department in the amount of $123 to replace the stop sticks it used to halt his vehicle.

¶ 4. Storlie brought a postconviction motion to have the $123 restitution order vacated. The court found that the stop sticks "were used to slow down or stop the defendant['s]" car. The court observed that expenses incurred in apprehending people do not necessarily make a police department a victim. The court reasoned, nonetheless, that the sticks were deliberately damaged during the course of the crimes and denied Storlie's motion.

DISCUSSION

¶ 5. Storlie argues that the circuit court erroneously ordered restitution to the police department for the cost of the stop sticks. It is undisputed that Storlie's criminal conduct caused damage to the police department's stop sticks. Nonetheless, Storlie argues the police department was not a direct victim of the crime within the meaning of Wis. Stat. § 973.20 because the expense of replacing the stop sticks was incurred as a cost of normal law enforcement procedure. We agree.

¶ 6. The circuit court's authority to order restitution is governed by Wis. Stat. § 973.20. Whether the circuit court had authority, to order restitution under a particular set of facts is a question of law we review independently of the trial court, while benefiting from its analysis. State v. Holmgren, 229 Wis. 2d 358, 366, 599 N.W.2d 876 (Ct. App. 1999).

¶ 7. The State relies on the following provisions of Wis. Stat. § 973Í20:

*504 Restitution. . ..
(lr) When imposing sentence or ordering probation for any crime for which the defendant was convicted, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of a crime considered at sentencing or, if the victim is deceased, to his or her estate, unless the court finds substantial reason not to do so and states the reason on the record. ...
(2) If a crime considered at sentencing resulted in damage to or loss or destruction of property, the restitution order may require that the defendant:
(b) If return of the property under par. (a) is impossible, impractical or inadequate, pay the owner or owner's designee the reasonable repair or replacement cost....
(5) In any case, the restitution order may require that the defendant do one or more of the following:
(a) Pay all special damages, but not general damages, substantiated by evidence in the record, which could be recovered in a civil action against the defendant for his or her conduct in the commission of a crime considered at sentencing.

¶ 8. We construe Wis. Stat. § 973.20 broadly to allow victims to recover their losses as a result of a defendant's criminal conduct. State v. Anderson, 215 Wis. 2d 673, 682, 573 N.W.2d 872 (Ct. App. 1997). The statute reflects a strong equitable policy that victims should not have to bear the burden of losses if the defendant is capable of making restitution. State v. *505 Kennedy, 190 Wis. 2d 252, 258, 528 N.W.2d 9 (Ct. App. 1994). A governmental entity can, in appropriate circumstances, be a victim entitled to restitution. State v. Ortiz, 2001 WI App 215, ¶ 20, 247 Wis. 2d 836, 634 N.W.2d 860.

¶ 9. For example, in State v. Howard-Hastings, 218 Wis. 2d 152, 156-59, 579 N.W.2d 290 (Ct. App. 1998), we determined that the United States government was a victim within the meaning of Wis. Stat. § 973.20, entitled to restitution for vandalism caused to Project ELF, a low-frequency radio wave generator used to communicate with nuclear submarines. In contrast, in State v. Evans, 181 Wis. 2d 978, 983-84, 512 N.W.2d 259 (Ct. App. 1994), we concluded that the Madison Metro Narcotics Unit was not a victim under § 973.20 entitled to restitution of "buy money"— funds used by police to purchase the drugs leading to defendant's conviction.

¶ 10. In a similar vein, in Ortiz, we concluded that the City of Racine was not a victim entitled to restitution under Wis. Stat. § 973.20

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Bluebook (online)
2002 WI App 163, 647 N.W.2d 926, 256 Wis. 2d 500, 2002 Wisc. App. LEXIS 631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-storlie-wisctapp-2002.