State v. Lucero, 986 P.2d 468 (N.M. Ct. App. 1999)

Cases | State v. Lucero, 986 P.2d 468 (N.M. Ct. App. 1999) | 2018

The defendant embezzled merchandise from a store and delivered it to co-defendants. The defendants were convicted of receiving stolen property over $2,500. The store donated items that could not be re-sold to charity. On appeal, the defendants claimed that the trial court incorrectly required them to pay restitution for the full retail value of the stolen merchandise. The appellate court held that the trial court properly determined that the retail value of the merchandise was reasonably foreseeable by the defendants as resulting from the crime charged. It was within the trial court’s discretion to order restitution in an amount equal to the retail value of the merchandise in order to make the store whole for the loss of the merchandise, regardless of the concept of mitigation of damages. Moreover, the trial court properly gave both the State and the defendants an opportunity to challenge the amount of restitution ordered.