State v. Merrill
| Decision Date | 19 April 1983 |
| Docket Number | No. 1,CA-CR,1 |
| Parties | STATE of Arizona, Appellee, v. Charlie K. MERRILL, Appellant. 6047. |
| Court | Arizona Court of Appeals |
The sole issue in this appeal involves whether the trial court erred by ordering the defendant to make restitution to an insurance company as a condition of probation. Pursuant to a plea agreement, Merrill pled guilty to attempted burglary, received a suspended sentence, and was placed on probation for three years. As a term and condition of probation, the trial judge ordered Merrill to make restitution to an insurance company. On appeal, Merrill contends that this order is invalid.
A trial judge must require the convicted defendant to make restitution as a condition of probation pursuant to A.R.S. § 13-603(C), which reads as follows:
Merrill argues that the insurance company is not "the victim of the crime" referred to in the statute and thus the trial court's order is erroneous.
The cardinal rule in statutory interpretation is to determine the intent of the legislative body. E.g., Mardian Construction Co. v. Superior Court, 113 Ariz. 489, 492, 557 P.2d 526, 529 (1976); Sandblom v. Corbin, 125 Ariz. 178, 182, 608 P.2d 317, 321 (App.1980). The Arizona legislature's strong commitment to providing restitution is indicated by the provisions of A.R.S. §§ 13-603(C) and 13-901(A) 1 which require that the trial court order restitution. Furthermore, § 13-901(A) mandates restitution where there is a victim who has suffered economic loss. Clearly the insurance company that reimbursed the owner of the property involved in this attempted burglary has suffered an economic loss. The insurance carrier is therefore "a victim" within the scope of § 13-901(A).
Merrill contends, however, that because A.R.S. § 13-603(C) requires restitution to the "victim of the crime," payment of restitution is limited to the direct victim or, in this case, the owner of property. We find that such a narrow interpretation improperly limits the rehabilitative and punitive purposes of requiring the payment of restitution. Under § 13-603(C), the trial court must consider "the economic loss to the victim" in determining the amount of restitution. Using Merrill's interpretation, a trial judge could find that the immediate victim of the crime, fully reimbursed by an insurance carrier, has not suffered any economic loss, thus precluding any order of restitution. We do not believe that the legislature intended such a result.
Statutes relating to the same subject should be read together and harmonized where possible. E.g., State ex rel. Larson v. Farley, 106 Ariz. 119, 122, 471 P.2d 731, 734 (1970); Arizona State Highway Commission v. Nelson, 105 Ariz. 76, 83, 459 P.2d 509, 516 (1969). With this principle in mind, we find that the mandate of restitution, pursuant to A.R.S. §§ 13-603(C) and 13-901(A), is best fulfilled if "victim" includes the entity suffering the economic loss resulting from appellant's criminal activity.
We also find that the trial court's ordering payment of restitution to the insurance company is consistent with the rehabilitation purposes of probation. See Rule 27.1, Rules of Criminal Procedure, 17 A.R.S. Unless the terms are not reasonably related to the purposes of probation, we will not interfere with the trial court's exercise of discretion in granting probation. State v. Smith, 129 Ariz. 28, 30, 628 P.2d 65, 67 (App.1981). In the case at bar, the trial court's order of restitution was tailored to the amount of the claim, filed because of Merrill's attempted burglary and paid by the insurance company. The order thus forces Merrill to recognize the specific consequences of his criminal activity and accept responsibility for these consequences. See State v. Smith, supra.
Our broad construction of the term "victim" is consistent with the Arizona Supreme Court's decision in Shenah v. Henderson, 106 Ariz. 399, 476 P.2d 854 (1970), upholding payment to a third party. At the time of the court's decision in Shenah, there were no Arizona statutes authorizing restitution as a condition of probation. In Shenah, the defendant was convicted of misdemeanor manslaughter, and the trial judge imposed as a condition of probation the payment of $2500 to the parents of the deceased victim. Concluding that the parents clearly had suffered a loss, the court found that the order requiring restitution to the parents as a condition of probation was properly within the trial court's discretion. As we have previously noted, the legislature has now required that restitution be ordered as a condition of probation pursuant to A.R.S. §§ 13-603(C) and 13-901(A). We find nothing in the statutes indicating a legislative intention to restrict the previously recognized right of a trial judge to require restitution as a condition of probation. Rather, from a reading of those statutes it is clearly apparent that the reason for their enactment was to increase the number of situations in which restitution would be ordered. It is no longer discretionary--in granting probation the trial judge is now required to order restitution where there is a victim who has suffered economic loss.
We also find support for our interpretation in cases interpreting the federal probation act, which authorizes as a condition of probation an order of restitution "to aggrieved parties." See 18 U.S.C. § 3651 (1976). In United States v. Follette, 32 F.Supp. 953 (E.D.Pa.1940), the district court held that a surety, which paid to the government the amount embezzled by the defendant, was an "aggrieved party" within the meaning of the probation act. Thus, the district court properly could order the defendant to make restitution to the surety for its financial loss as a condition of probation. Cf. United States v. Orr, 691 F.2d 431 (9th Cir.1982) ().
Merrill's primary reliance upon Montgomery v. State, 292 Md. 155, 438 A.2d 490 (1981) is misplaced. Initially, the Maryland court determined...
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State v. Lopez
...court may order restitution be paid to others who have indemnified victims for losses caused by criminal acts. State v. Merrill, 136 Ariz. 300, 301, 665 P.2d 1022, 1023 (App.1983). The record shows that at the time of sentencing, the hospital bill of $1,995.70 was still Lopez' reliance on S......
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People v. Deadmond, 82SA367
...the statutory phrase "the victim" has been construed to include the insurer of the direct victim of criminal conduct, State v. Merrill, 136 Ariz. 300, 665 P.2d 1022 (1983), and not to include the insurer of such direct victim. Montgomery v. State, supra. Moreover, in State v. Morgan, 646 P.......
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State v. Anderson, 2 CA-CR 2015-0144-PR
...if 'victim' includes the entity suffering the economic loss resulting from appellant's criminal activity." State v. Merrill, 136 Ariz. 300, 301, 665 P.2d 1022, 1023 (App. 1983) (rejecting argument that "payment of restitution is limited to the direct victim" of a crime); see also State v. P......
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State v. Brooks
...include as a victim an insurance company that has paid on a claim resulting from Defendant's criminal activities. See State v. Merrill, 136 Ariz. 300, 665 P.2d 1022 (1982); People v. Bond, 99 Mich.App. 86, 297 N.W.2d 620 (1980); State v. Stayer, 706 P.2d 611 (Utah 1985); Barnett, 675 P.2d a......