State v. Wilkinson

10 P.3d 634, 198 Ariz. 376
CourtCourt of Appeals of Arizona
DecidedSeptember 13, 2000
Docket1 CA-SA 00-0054
StatusPublished
Cited by9 cases

This text of 10 P.3d 634 (State v. Wilkinson) 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
State v. Wilkinson, 10 P.3d 634, 198 Ariz. 376 (Ark. Ct. App. 2000).

Opinions

OPINION

FIDEL, Judge.

¶ 1 It is a class one misdemeanor in Arizona to act as a residential contractor without a license. See A.R.S. § 32-1151 (1996). This special action presents the question whether an unlicensed contractor convicted of that crime may be required, by order of restitution, to reimburse a contracting homeowner for the economic damages that the homeowner suffered from the contractor’s incomplete ánd faulty work.

I. History

¶ 2 In February 1996, Defendant John R. Porter represented himself as a licensed con[378]*378tractor to homeowner T.S.; the following month he did so to homeowner N.L. With each, Porter entered a contract and accepted payment to perform residential remodeling; with each, he left the project uncompleted and failed to repair defective work. Both homeowners complained to the Arizona Registrar of Contractors, whose investigation revealed that Porter lacked a contractor’s license.

¶ 3 For his separate acts with respect to T.S. and N.L., Porter was charged with two separate counts of contracting without a license, class one misdemeanors that violate A.R.S. § 32-1151. In the N.L. matter, Porter was additionally charged with advertising to provide contracting services without first obtaining a contractor’s license, a class one misdemeanor that violates A.R.S. § 32-1165 (1994). Porter consented to the submission of all three counts for determination by the municipal court upon the investigative reports prepared by the Registrar of Contractors. The municipal court, finding Porter guilty as charged, conducted a restitution hearing, considered testimony by T.S. and N.L., imposed fines within the statutory range, and ordered Porter to pay restitution of $22,429 to T.S. and $22,365 to N.L.

¶ 4 In a timely appeal to the superior court pursuant to A.R.S. §§ 22-371 and' -425 (1999), Porter argued that the municipal court had improperly ordered restitution for losses not attributable to his criminal offenses. The superior court agreed; setting aside the restitution orders, it stated, “The shoddy and incomplete work done by the appellant was the cause of [the victims’] losses, [not] his failure to procure a license.”

II. Jurisdiction

¶ 5 Because the superior court rendered its judgment on appeal from the municipal court, the State has no direct avenue of appeal. See A.R.S. § 22-375 (1994) (limiting further appeal from a superior court judgment on appeal from the municipal court to questions of validity of a tax, impost, assessment, toll, municipal fine, or statute). The State thus brings this special action, arguing that the question whether restitution is available to the victims of unlicensed residential contractors is one appropriate for our discretionary review. We accept jurisdiction because the State lacks any remedy by appeal and because the question presented is one of law, one of first impression, and one upon which lower courts, lacking appellate guidance, have rendered inconsistent judgments.

¶ 6 The State does not contend that Porter’s conviction for advertising to provide contracting services without first obtaining a contractor’s license provides a proper basis for an order of restitution. The State confines its argument in favor of restitution to Porter’s two convictions for contracting without a license. As the State confines its argument, so do we confine our disposition.

III. Restitutionary Nexus

¶ 7 In sentencing a criminal offender, an Arizona court must order restitution to any victim who has suffered “economic loss” that “would not have been incurred but for the offense.” See A.R.S. §§ 13-603(C), 13-105(14) (1999). Pure “but for causation” does not suffice, however, for losses so remote or indirect as to be categorized as “consequential damages” are not recoverable. See § 13-105(14); State v. Morris, 173 Ariz. 14, 18, 839 P.2d 434, 438 (App.1992). In Morris we elaborated on the causal nexus that distinguishes recoverable from non-recoverable losses, holding that restitution may be ordered when actual damages are a “direct result,” or natural and foreseeable consequence, of a defendant’s conduct, taking “the nature and character of the criminal activity” into account. Id. at 18, 839 P.2d at 438.

¶8 The superior court, finding no direct causal nexus between Porter’s crime and the homeowners’ damages, analogized this case to State ex rel. McDougall v. Superior Court, 186 Ariz. 218, 920 P.2d 784 (App.1996). In McDougall, we held that a conviction for leaving the scene of an injury accident did not support an order of restitution to the victims of the accident. The victims’ injuries, we stated, neither resulted from nor were aggravated by the criminal act of leaving the scene. Id. at 220, 920 P.2d at 786. “Both the constitution and statutes [of Arizona] re[379]*379quire restitution only where the injury is caused by the criminal conduct for which defendant was convicted.” Id.

¶ 9 This case is far closer than McDougall. The statute that makes it a crime to leave the scene of an injury accident, A.R.S. § 28-661 (1998), serves to enable accident victims and investigating authorities to identify a knowledgeable and potentially responsible party in the event of future civil or criminal proceedings. See State v. Rodgers, 184 Ariz. 378, 380, 909 P.2d 445, 447 (App.1995). The injuries sustained in traffic accidents are not results within the statute’s intended preventive scope. In contrast, the losses sustained by T.S. and N.L., Porter’s victims in this case, do fall within the intended preventive scope of the statute that makes it a crime to engage in contracting without a license. The purpose of that statute, and of the cluster of licensing statutes that underlie it, is to protect the members of the public from “unscrupulous, unqualified, and financially irresponsible contractors.” Aesthetic Property Maintenance, Inc. v. Capitol Indem. Corp., 183 Ariz. 74, 77, 900 P.2d 1210, 1213 (1995); City of Phoenix v. Superior Court, 184 Ariz. 435, 438, 909 P.2d 502, 505 (App.1995).

¶ 10 Despite these distinguishing factors, the question remains whether the victims’ losses in this case were directly

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Guajardo
New Mexico Court of Appeals, 2017
Town of Gilbert Prosecutor's Office v. Downie
189 P.3d 393 (Arizona Supreme Court, 2008)
State v. Wilkinson
39 P.3d 1131 (Arizona Supreme Court, 2002)
State Ex Rel. Romley v. Fields
35 P.3d 82 (Court of Appeals of Arizona, 2001)
State Ex Rel. Pennartz v. Olcavage
30 P.3d 649 (Court of Appeals of Arizona, 2001)
State v. Wilkinson
10 P.3d 634 (Court of Appeals of Arizona, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
10 P.3d 634, 198 Ariz. 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wilkinson-arizctapp-2000.