Summary 2010 WY 165

Summary of Decision December 16, 2010

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Case Name: Solis v. State

Citation: 2010 WY 165

Docket Number: S-10-0092

URL: http://tinyurl.com/288wyrd

Appeal from the District Court of Laramie County, the Honorable Peter G. Arnold, Judge

Representing Appellant (Defendant): Diane Lozano, State Public Defender; Tina Kerin, Appellate Counsel; Kirk A. Morgan, Senior Assistant Appellate Counsel

Representing Appellee (Plaintiff): Bruce A. Salzburg, Wyoming Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Jessica Y. Frint, Student Director, and Meggan Hathaway, Student Intern, of the Prosecution Assistance Program

Date of Decision: December 16, 2010

Facts: Appellant and associate entered a retail store and selected a large quantity of clothing that was on sale, which totaled $1,011.95. Without paying for the items, they grabbed the bags and dashed towards a nearby exit door, the associate threatening a sales associate with a drawn knife. The State charged Appellant with one count of aiding and abetting aggravated robbery under Wyo. Stat. Ann. § 6-2-401(c)(ii) and § 6-1-201(a) (LexisNexis 2009), and one count of felony larceny under Wyo. Stat. Ann. § 6-3-402(a) and (c)(i) (LexisNexis 2009). The State sought restitution in the amount of $1,968.31 for the stolen property, which was the full regular retail price of that property.

Issues: Whether the trial court’s restitution order was in error as such amount was not the actual pecuniary damage as authorized by statute?

Holdings: The State directed the Court to Wyo. Stat. Ann. § 1-1-127 as a basis for upholding the restitution award. The Court agreed that § 1-1-127 would be applicable to the determination of the proper amount of restitution in the instant case. However, the Court disagreed with the State’s contention that the “full marked or listed price” of the stolen property is the equivalent of its full retail price. List price” is, in essence, what a consumer knows the price to be at the time and the amount the merchant is seeking and willing to accept as compensation for the goods. In this case, a reduced sale price of $1,011.95.

The State also contended that the district court, in accordance with § 1-1-127(a)(ii), could have properly added as much as $1,000.00 to the price of the goods in determining the civil damages. The Court found § 1-1-127(a)(ii) to be a penalty provision, specifically excluded from the definition of pecuniary damages which can be awarded as restitution. § 7-9-101(a)(iii).

The Court held the district court abused its discretion in awarding the full retail value of the stolen merchandise as restitution instead of its sales price. The restitution award was reversed and the case remanded to the district court for entry of an amended Judgment and Sentence consistent with the opinion.

J. Golden delivered the opinion for the court.