State v. Waidelich, 97 P.3d 489 (Idaho Ct. App. 2004)

Cases | State v. Waidelich, 97 P.3d 489 (Idaho Ct. App. 2004) | 2018

The defendant attempted to break into a home and steal a valuable puppy. The defendant pled guilty to attempted burglary. At the restitution hearing, the victim testified that she boarded her litter of puppies for eight weeks after the burglary due to fear that the defendant would steal them. The defendant was ordered to pay restitution for a damaged window screen and the cost of puppy boarding. On appeal, the defendant claimed that the cost of puppy boarding is not authorized by Idaho Code § 19-5304. The appellate court held that the cost of puppy boarding falls under the “less tangible loss” language of the statute and is excluded from the definition of “economic loss”. The cost of puppy boarding as a preventive measure following the crime does not qualify as a direct out-of-pocket loss or expense. Section 19-5304 is designed to remedy damage or loss where the injury is readily ascertainable. The victim’s assessment of actions necessary to prevent future harm was not a legal basis to sustain the order.