(Download) "State Idaho v. Ronald Russell" by Court of Appeals of Idaho ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Ronald Russell
- Author : Court of Appeals of Idaho
- Release Date : January 15, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Per Curiam Ronald Russell pled guilty to ten counts of burglary. He received suspended sentences and was placed on probation.
After a hearing, Russell was ordered to pay restitution to his victims, including $50 to compensate one victim for income
lost when the victim spent two hours attending and testifying at the restitution hearing. Russell appeals from the restitution
order, arguing that he should not have to pay the $50 because the victim was self-employed and could make up the lost time
without losing money or business. We affirm. Whether to order restitution, and in what amount, are matters to be determined within the discretion of the trial court.
State v. Johnston, 123 Idaho 222, 846 P.2d 224 (Ct. App. 1993); State v. Bybee, 115 Idaho 541, 768 P.2d 804 (Ct. App. 1989).
By statute, restitution "shall be ordered for any economic loss which the victim actually suffers." I.C. § 19-5304(2).
The code broadly defines "economic loss," reciting that the term includes, but is not limited to, the value of property taken,
destroyed, broken, or otherwise harmed, lost wages, and direct out-of-pocket losses or expenses, such as medical expenses
resulting from the criminal conduct, but does not include less tangible damage such as pain and suffering, wrongful death
or emotional distress.
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