State v. Scroggins, 1
| Decision Date | 02 May 1991 |
| Docket Number | CA-CR,No. 1,1 |
| Citation | 810 P.2d 631,168 Ariz. 8 |
| Parties | STATE of Arizona, Appellee, v. Marilyn Marie SCROGGINS, Appellant. 90-224. |
| Court | Arizona Court of Appeals |
Marilyn Marie Scroggins, the defendant, appeals from her conviction for aggravated assault and from the sentence imposed. For the reasons stated below, we affirm the conviction, but vacate the restitution order and remand this matter for a determination of restitution.
The defendant was charged with armed robbery. At a change-of-plea hearing, the defendant, in accordance with a written plea agreement, agreed to plead no contest to aggravated assault, a class 3 felony and a non-dangerous offense. The agreement set forth the range of sentence and the maximum fine. The parties stipulated that there were no sentence agreements, except that the defendant would pay a $2000 fine plus a 37% surcharge to the Arizona Drug Enforcement Account and make restitution to the victim for damages and medical expenses not to exceed $2000. The state agreed to dismiss two other cases, one of which charged two drug offenses.
The trial court addressed the defendant personally and determined that the plea was knowing, voluntary, intelligent and factually-based, but it deferred acceptance of the plea until sentencing. Judgment and sentencing were postponed to permit preparation of a presentence report.
The presentence report stated that the victim had received sutures in his arm. However, it did not provide the amount of his economic loss.
Prior to sentencing, the defendant moved to withdraw from the plea agreement because of the possibility that she could receive the maximum sentence. The court denied the motion and entered its judgment of guilt. It then articulated aggravating factors as required by A.R.S. § 13-702(B) and sentenced the defendant to an aggravated, but not the maximum, term of 8 years' imprisonment, with credit for 78 days served prior to sentencing. The trial court also ordered the defendant to pay restitution of not more than $2000 to the victim and $2740 to the Arizona Drug Enforcement Account.
On appeal, the defendant argues that the trial court improperly ordered restitution without proving the amount of the victim's loss. She also contends that the court improperly imposed a fine payable to the drug enforcement account when she was not convicted of a drug offense.
The state maintains that the court's order of restitution, which reflects a $2000 limit, should remain until the court decreases the restitution upon a showing by the defendant of the changed circumstances of the victim. The state also responds that the $2740 was properly imposed and designated for the drug enforcement account.
A person convicted of an offense is required to make restitution to the victim in the full amount of the victim's economic loss. A.R.S. § 13-603(C). A court has discretion to set the amount of restitution according to the facts. State v. Taylor, 158 Ariz. 561, 564, 764 P.2d 46, 49 (App.1988); see State v. Iniguez (Ariz.App., April 11, 1991). If it lacks sufficient evidence to support a finding of the amount, it may conduct a hearing, A.R.S. § 13-804(F), but some evidence must be presented that the amount bears a reasonable relationship to the victim's loss before restitution can be imposed. State in Interest of Besendorfer, 568 P.2d 742, 744 (Utah 1977); State v. Trivedi, 8 Ohio App.3d 412, 416, 457 N.E.2d 868, 873 (1982).
In this case, the trial court stated at the...
To continue reading
Request your trial
-
State v. Guadagni
...466, ¶ 15, 65 P.3d 114, 117-18 (App.2003); State v. Lewus, 170 Ariz. 412, 414, 825 P.2d 471, 473 (App.1992); State v. Scroggins, 168 Ariz. 8, 9, 810 P.2d 631, 632 (App.1991); State v. Cummings, 120 Ariz. 69, 70-71, 583 P.2d 1389, 1390-91 (App.1978). Indeed, when a criminal defendant is orde......
-
State v. Proctor
...he made to them. An order of restitution must reflect the loss the victims actually suffered. § 13-804(B). See also State v. Scroggins, 168 Ariz. 8, 810 P.2d 631 (App.1991). The record shows that the state's calculations on restitution, upon which the court apparently relied, did not take i......
-
State v. Quijada
..."when the parties and the evidence are available and the defendant’s obligations to society are being defined." State v. Scroggins , 168 Ariz. 8, 9, 810 P.2d 631, 632 (App. 1991). We have also held that courts must, absent waiver by the defendant, either: (1) afford the defendant an opportu......
-
State v. Ellis
...be the appropriate standard. A court has wide discretion in setting restitution based on the facts of each case. State v. Scroggins, 168 Ariz. 8, 810 P.2d 631 (App.1991). In State v. Hawthorne, 573 So.2d 330 (Fla.1991), the Florida court pointed out that there are instances when the fair ma......