Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Molly J. Huskey, District Judge.
Order of restitution, affirmed.
Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Russell J. Spencer, Deputy Attorney General, Boise, for respondent.
Tyler Kelly Vanslyke appeals from an award of restitution resulting from his conviction for burglary. He challenges portions of the order that awarded restitution to an insurance company to compensate for benefits it paid to the owners of property that was stolen by Vanslyke. Vanslyke asserts that there was no evidence that the amount reflects the fair market value of the goods that were stolen and that therefore the district court abused its discretion in ordering him to pay restitution in that amount.
Vanslyke, acting with an accomplice, stole a large amount of sporting equipment, including two boats, goose decoys, a motor, ammunition, and various tools that belonged to three different owners. Law enforcement received information that Vanslyke was one of the people responsible for the theft. Vanslyke eventually admitted that he participated in the theft, and told detectives where the stolen items could be found.
Vanslyke was charged with a single count of grand theft, Idaho Code §§ 18-2403(1), 18-2407(1)(b). A plea agreement was reached in which Vanslyke agreed to plead guilty to an amended charge of one count of burglary, I.C. § 18-1401. Following entry of the plea, the district court withheld judgment and placed Vanslyke on three years of probation. At that time, the district court entered the first in a series of restitution orders.
Meanwhile, before the equipment was recovered, State Farm Insurance Company had paid two of the owners, Mr. Lantz and Mr. Galloway, insurance benefits for the stolen hunting equipment. Later, when the equipment was recovered, State Farm gave Lantz and Galloway the opportunity to reclaim their property and to return the insurance proceeds. The two declined, and State Farm therefore sold the property at a public auction. At the auction, the items recovered by police sold for substantially less than the amount that State Farm had paid to Galloway and Lantz. Although State Farm had paid Lantz $5, 145.66 and Galloway $2, 052.79 in insurance benefits, the company recouped only $921.60 from the auction of the recovered hunting equipment.
Following the auction, the district court conducted a restitution hearing, which included testimony from Lantz, Galloway, Vanslyke, and a State Farm claims representative. The State Farm representative testified that under its policies the insurance company would initially pay to its insured the "actual cash value" of stolen items and thereafter, when the insured had replaced the item, would reimburse the insured for the difference between the previously paid "actual cash value" and the replacement cost. Although the representative testified that the "actual cash value is the used price, the garage sale price, " he later acknowledged that in this case there was little or no depreciation taken off the new retail cost of some of the items. Thus, it appears in this case that the actual cash value used by State Farm was near or at the replacement cost of some of the items.
Lantz testified that the decoys were worth more than the amount for which they sold at auction, but less than a new decoy. He acknowledged that new decoys would cost more than what someone would pay for the stolen, used decoys. In his words, "If you went down to Cabela's to get one this afternoon, you'd pay more for it." However, Lantz gave no estimate of the stolen decoys' value.
Through an affidavit and testimony at the hearing, Galloway gave his opinion as to the cost of replacing some of his property that was stolen. Although Galloway testified that the decoys were between one and four years old, ...