State v. Mast, 40 P.3d 1143 (Utah Ct. App. 2001)

Cases | State v. Mast, 40 P.3d 1143 (Utah Ct. App. 2001) | 2018

The defendant admitted to receiving stolen property in the form of a rings and a watch valued at $1020, but did not admit to possession of any other property stolen from the victim. The defendant was sentenced to a prison term, suspended, 180 days in jail, three years of probation, was ordered to pay $1200 in fines and fees, also suspended, and was ordered to pay restitution of $5,090 to the victim. The restitution figure included the total value of the property stolen from the victim during a recent burglary, excluding the returned rings and watch, and for replacement costs of the checks and the lost wages resulting from the victim’s time spent with his bank and the police. On appeal, the defendant argued that because she had not pled guilty to burglary and was not convicted of burglary, the court erred in requiring her to pay restitution for the items taken during the burglary and for the lost wages and fees incurred by the victim. The court of appeals agreed. The order was vacated and the case remanded for a hearing to determine the victim’s pecuniary damages resulted from the defendant’s admitted conduct.