State v. Averette, 764 So. 2d 349 (La. Ct. App. 2000)

Cases | State v. Averette, 764 So. 2d 349 (La. Ct. App. 2000) | 2018

The victims loaned the defendant money to purchase siding contracts, with the expectation that they would be repaid the money over several years, plus interest. The defendant did not invest the money as promised and did not repay the money to the victims. The defendant pled guilty to two counts of theft and was ordered to pay restitution to the victims. On appeal, the defendant claimed that the trial court erred in including future interest earnings in the amount of restitution to be awarded to the victims. The appellate court found no evidence that the trial court abused its discretion in determining the amount of restitution. Both victims testified with specificity as to the actual amount of money they gave the defendant to invest for them. Witnesses produced documentation showing the amounts owed, and the documents did not state that interest was included in the amounts owed. The court weighed the credibility of the witnesses and found that the defendant was not credible.