State v. Young

670 P.2d 1189, 137 Ariz. 365, 1983 Ariz. App. LEXIS 549
CourtCourt of Appeals of Arizona
DecidedJuly 12, 1983
DocketNo. 1 CA-CR 5966
StatusPublished

This text of 670 P.2d 1189 (State v. Young) 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. Young, 670 P.2d 1189, 137 Ariz. 365, 1983 Ariz. App. LEXIS 549 (Ark. Ct. App. 1983).

Opinion

OPINION

GRANT, Judge.

This is an appeal from a sentence on a conviction for three counts of aggravated assault. We find that the trial court properly imposed restitution to the Yavapai County Sheriff’s Office for appellant’s medical bills as a condition of probation and therefore affirm the sentence.

On August 4, 1981, appellant’s girl friend attempted to remove her belongings from their trailer. Initially appellant did not allow her to remove her possessions. When she later returned to the trailer with a police officer, appellant refused to admit them. Appellant threatened to commit suicide, as well as physical injury to anyone who attempted to enter the trailer.

The County Sheriff was dispatched to the scene. Officer Garrison attempted to talk to appellant through a window of the trailer. Appellant became very agitated and kicked out the window. Throughout the day, appellant made several telephone calls indicating that he would attempt suicide. At approximately eight o’clock that evening, Officers Smith and Villareal, believing that appellant was about to commit suicide, entered the trailer through the back door.

[366]*366Appellant heard the officers enter and charged at them with hunting knives in each hand. Officer Smith ducked into the bathroom and closed the door. Appellant struck the bathroom door with one of the hunting knives, and then turned and rushed at Officer Villareal. The officer shot appellant three times in the stomach. One of the' bullets exited appellant’s body, went through the bathroom door and struck Officer Smith.

Appellant was rushed to Yavapai Community Hospital where he was treated for gunshot wounds. Because appellant was in the custody of the Sheriff’s Office while receiving medical treatment, the Sheriff’s Office assumed responsibility for paying his medical bills.

Appellant recovered and entered into a plea agreement in which he pled no contest to three counts of aggravated assault, class 6 nondangerous felonies. Appellant was placed on probation for a period of three years. As one of the conditions for probation, appellant was ordered to pay restitution in the amount of $10,649.92, payable in 30 months. This amount covered damage to the trailer, medical expenses of the police officer, and appellant’s medical expenses which were paid for by Yavapai County.

On appeal, appellant argues that the trial court improperly imposed as a condition of probation that he be required to reimburse the Yavapai County Sheriff’s Office for his medical bills. Appellant argues that he never admitted liability for those expenses and that Yavapai County was not a “victim” of the crime within the meaning of A.R.S. § 13-901(A).

Before considering the merits of appellant’s argument, we will first address the state’s argument that appellant has waived his right to challenge the imposition of the condition by failing to raise this issue when sentence was imposed. The state points out that appellant did not object at the time of sentencing to the imposition of this condition, that appellant signed the terms and conditions of probation on February 1,1982, and that not until February 25, 1982, when he filed a motion for modification of conditions of probation did appellant challenge the trial court’s authority to impose the contested condition. The state argues that the appropriate time to consider any objections which a defendant might have to the terms of his probation is the time of imposition of those terms. State v. Mears, 134 Ariz. 95, 654 P.2d 29 (App.1982); State v. Smith, 129 Ariz. 28, 628 P.2d 65 (App.1981).

The case at bar is distinguishable from those cited by the state, however, in that here appellant filed a timely motion for modification of conditions of probation pursuant to rule 27.2, Arizona Rules of Criminal Procedure. Thus, the trial court was given “an opportunity to consider alternatives in the sentencing” as well as to correct any alleged errors. State v. Mears, supra, 134 Ariz. at 97, 654 P.2d at 31. See State v. Smith, supra. We find that appellant has not waived his objection to the terms of probation. We will therefore discuss the merits of his objection.

A.R.S. § 13-901(A) requires the sentencing court to “order restitution pursuant to § 13-603, subsection C where there is a victim who has suffered economic loss.” A.R.S. § 13-603(C) provides as follows:

If the court imposes probation it may also impose a fine as authorized by Chapter 8 of this title and shall require the convicted person to make restitution to the victim of the crime in such amount and manner as the court may order, after consideration of the economic loss to the victim and economic circumstances of the convicted person.

The term “victim” is defined by A.R.S. § 13^4201(4) as follows:

“Victim” means any person, including the surviving dependent of a person, who has suffered physical injury or pecuniary loss resulting from the crime of the accused.

“Person” is defined in A.R.S. § 13-105(21) as follows:

“Person” means a human being and, as the context requires, an enterprise, a pub-[367]*367lie or private corporation, an unincorporated association, a partnership, a firm, a society, a government or a governmental authority.

Appellant admits that A.R.S. § 13-603(C) is susceptible to a broad interpretation pursuant to which any amount could be ordered to be paid as restitution. He urges, however, that a narrow interpretation of the statute would be more appropriate under the existing Arizona case law. Appellant argues that the issue of whether he owes payment for the medical bills is entirely separate from the issue of whether he is guilty of aggravated assault. He argues that the Sheriff’s Office may have a civil claim to recover the medical bills but that the bills should not be considered in the criminal setting. Appellant asserts that he has lost several of the due process rights which would have been available to him in a civil trial. To allow the trial courts to impose restitution for civil matters, argues appellant, would make the court a collection agency in violation of State v. Garner, 115 Ariz. 579, 566 P.2d 1055 (App.1977).

In support of a narrow interpretation of our statute, appellant cites Oregon case law interpreting a similar Oregon statute.1 In State v. Stalheim, 275 Or. 683, 552 P.2d 829 (1976), the court narrowly construed the term “aggrieved party” to be the direct victim of a crime and not other persons who suffer losses because of the victim’s death or injury.

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Related

State v. Monick
611 P.2d 946 (Court of Appeals of Arizona, 1980)
State v. Dillon
637 P.2d 602 (Oregon Supreme Court, 1981)
State v. Garner
566 P.2d 1055 (Court of Appeals of Arizona, 1977)
State v. Stalheim
552 P.2d 829 (Oregon Supreme Court, 1976)
State v. Cummings
583 P.2d 1389 (Court of Appeals of Arizona, 1978)
State v. Merrill
665 P.2d 1022 (Court of Appeals of Arizona, 1983)
State v. Mears
654 P.2d 29 (Court of Appeals of Arizona, 1982)
State v. Balsam
636 P.2d 1234 (Court of Appeals of Arizona, 1981)
State v. Reese
603 P.2d 104 (Court of Appeals of Arizona, 1979)
State v. Smith
628 P.2d 65 (Court of Appeals of Arizona, 1981)
Shenah v. Henderson
476 P.2d 854 (Arizona Supreme Court, 1970)
State v. Dillon
626 P.2d 959 (Court of Appeals of Oregon, 1981)

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Bluebook (online)
670 P.2d 1189, 137 Ariz. 365, 1983 Ariz. App. LEXIS 549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-young-arizctapp-1983.