On Point: g. Victim

State v. William Agosto, 2008 WI App 149, PFR filed 10/21/08
For Agosto: Andrea Taylor Cornwall, SPD, Milwaukee Appellate

Issue/Holding: The defendant’s mother, who posted subsequently-forfeited cash bail, is a “victim” for restitution purposes:

¶8        …

• Agosto committed the “crime” of bail-jumping. He pled guilty and the circuit court entered a judgment convicting him of that crime.
• As a result of that crime,

State v. Anthony Houston Lee, 2008 WI App 185
For Lee: Carl W. Chessir

Issue/Holding:

¶11      As noted, Wis. Stat. § 973.20 authorizes a trial court to order restitution to victims of a “[c]rime considered at sentencing,” which includes “any crime for which the defendant was convicted and any read-in crime.” Sec. 973.20(1g)(a) & (1r). We conclude that this language is clear and unambiguous, and that it requires us to reverse the restitution order.

State v. Earl W. Haase, 2006 WI App 86, (State’s) PFR filed 5/17/06
For Haase: Glenn L. Cushing, SPD, Madison Appellate

Issue: Whether restitution may be ordered for damage caused to a squad car destroyed by fire during pursuit of the defendant.

Holding:  A governmental “agency must be a direct victim of the criminal conduct to be reimbursed for a loss,

State v. Edward W. Johnson, Jr., 2002 WI App 166
For Johnson: Robert T. Ruth

Issue/Holding: Wages lost by a stepparent’s accompanying the victim to court aren’t subject to restitution; lost wages are limited to those persons identified in § 973.20(5)(b). ¶¶22-23.

Issue/Holding: A stepparent is not victim for § 973.20(1r) restitution purposes, ¶¶17-19. (However, a stepparent may qualify as an “other person,” under § 973.20(5)(d),

State v. James N. Storlie, 2002 WI App 163
For Storlie: William E. Schmaal, SPD, Madison Appellate

Issue: Whether the destruction of “stop sticks” caused by defendant’s flight from the police is properly subject to a restitution order.

Holding:

¶10…. (T)he government is entitled to restitution for losses incurred when it is a victim as a direct result of criminal conduct,

State v. Garren G. Gribble, 2001 WI App 227, PFR filed
For Gribble: Charles B. Vetzner, SPD, Madison Appellate

Issue: Whether, on a conviction for homicide of a child, the child’s mother and aunt could be considered victims within the meaning of § 973.20(1r) so as to support restitution for their counseling costs.

Holding: “Victim” in § 973.20(1r) is assigned the meaning of “victim”

State v. Troy B. Baker, 2001 WI App 100, 243 Wis. 2d 77, 626 N.W.2d 862
For Baker: William E. Schmaal, SPD, Madison Appellate

Issue: Whether the county DHS, which paid out testing expenses for a sexual assault victim, may be considered for restitution purposes an “insurer, surety or other person who has compensated [the] victim.”

Holding: Because § 973.20(5)(d) permits restitution to a third party,

State v. Gabriel L. Ortiz, 2001 WI App 215
For Ortiz: Eileen A. Hirsch, SPD, Madison Appellate

Issue: Whether restitution may be ordered under § 973.20 for overtime police costs.

Holding:

¶20. The collective effect of Schmaling and Howard-Hastings is the following. A governmental entity can, in the appropriate case, be a victim entitled to restitution. (Howard-Hastings).

State v. Crystal L. Bizzle, 222 Wis. 2d 100, 585 N.W. 899 (Ct. App. 1998)
For Bizzle: Charles B. Vetzner, SPD, Madison Appellate

Issue/Holding:

To define “crime prevention organization” to include law enforcement agencies would lead to absurd results. By ordering a defendant to make a contribution to a “crime prevention organization,” a court could order a defendant to repay internal operating expenses of a police department and routine operating expenses of the State Crime Laboratory or return drug “buy money”