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State of Idaho v. Brent W. Higley

December 21, 2010

STATE OF IDAHO, PLAINTIFF-RESPONDENT,
v.
BRENT W. HIGLEY, DEFENDANT-APPELLANT.



Appeal from the District Court of the Fifth Judicial District, State of Idaho, Jerome County. Hon. John K. Butler, District Judge.

The opinion of the court was delivered by: Gutierrez, Judge

2010 Opinion No. 85S

Stephen W. Kenyon, Clerk

SUBSTITUTE OPINION THE COURT'S PRIOR OPINION DATED DECEMBER 15, 2010 IS HEREBY WITHDRAWN

Order of restitution, affirmed.

Brent W. Higley was convicted of conspiracy to commit robbery for his role in the robbery of a Maverik convenience store. He appeals from the district court's order of restitution following his guilty plea. We affirm.

I.

FACTS AND PROCEDURE

Robert Hainline worked full-time at Wal-Mart and also as a clerk at a Maverik convenience store. During a shift at Maverik, he was confronted by a man armed with a gun who demanded all of the money from the till. After a few days off, Hainline returned to work, but after one day found that he could not "focus" and that he "panicked" whenever a customer entered. He sought the assistance of a counselor, who recommended that he quit his job at Maverik because of the symptoms he was experiencing that were consistent with post-traumatic stress disorder.

Hainline followed the counselor's advice, but continued to work his full-time job at Wal-Mart. Approximately two and a half months later Hainline was able to find a job at Burger King for a slightly lower hourly wage than he had received at Maverik. He continued to work both jobs for approximately two and a half months until he moved to another city.

Based on his role in the Maverik robbery, Higley pled guilty to conspiracy to commit robbery. He was sentenced to a period of imprisonment and ordered to pay restitution. Pertinent to this appeal, Hainline requested restitution for lost wages for the period after he stopped working at Maverik and began working at Burger King. After a hearing during which Higley objected to an award of restitution, the court granted Hainline's request and ordered Higley to pay Hainline a total of $2,665.88. Higley now appeals the order of restitution.

II.

ANALYSIS

Higley contends that the district court erred in finding that Hainline's lost income was "economic loss" as defined in Idaho Code ยง 19-5304 and awarding restitution of approximately $2,700. Specifically, Higley contends restitution was not appropriate under the statute because Hainline testified that he had quit his job based on "purely emotional ...


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