People v. Guajardo, 539 N.W.2d 570 (Mich. Ct. App. 1995)

Cases | People v. Guajardo, 539 N.W.2d 570 (Mich. Ct. App. 1995) | 2018

The defendant pled guilty of first-degree retail fraud and was ordered to pay $28,105 in restitution as a condition of parole. On appeal, the defendant claimed that: (1) the court erred in determining the amount of restitution by using retail value rather than replacement cost; and (2) he was entitled to relief from the restitution order because he was financially unable to pay. The appellate court held that: (1) under the facts presented, the court’s determination of the loss sustained by the victim was to be reasonable and based upon the evidence. Evidence showed the victim lost both the replacement value of the stolen items and expected profits that were to be used to defray operating expenses, wages, and return on investment; and (2) the defendant’s request for relief from the restitution order was premature. Any request for such relief should be made when the defendant was imperiled with further incarceration or punishment because of his financial inability to comply with the restitution order.