State Of Washington, Resp. vs. Dau Gieng, App.
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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE STATE OF WASHINGTON, Respondent, v. DAU CHONG GIENG, Appellant. ) ) ) ) ) ) ) ) ) ) No. 64009-7-I UNPUBLISHED OPINION FILED: July 26, 2010 Ellington, J. The only question raised here is the sufficiency of evidence supporting a restitution order. We hold the evidence was ample and affirm. When Dau Chong Gieng attempted to elude Seattle police, he sideswiped Jason Sharp s newly painted car. Gieng pled guilty and agreed to pay restitution in full. 1 Gieng waived his right to be present at the restitution hearing. The State offered Sharp s declaration describing the damage, including damage to the bumpers, and attaching an estimate from a body shop, including repairs to the front and rear bumpers. Counsel for Gieng objected to the bumper repairs, stating there doesn t seem to be any indication that his bumper had fell off. 2 The trial court found that the description of the damage created a reasonable inference that the bumpers were 1 Clerk s Papers at 22. 2 Report of Proceedings (July 16, 2009) at 3. No. 64009-7-I/2 damaged and ordered full restitution in the amount of $1220.15. Gieng appeals. Restitution is required when a criminal offense results in damage to property, which shall not exceed double the amount of the offender s gain or the victim s loss. 3 Courts have broad discretion in setting restitution.4 Gieng caused damage all along the driver s side of Sharp s car, and it is highly unlikely the bumpers were unscathed. Sharp s declaration, the body shop estimate, and the reasonable inferences from the evidence amply support the restitution order. Affirmed. WE CONCUR: 3 RCW 9.94A.753(3). 4 State v. Dauenhauer, 103 Wn. App. 373, 377, 12 P.3d 661 (2000). 2
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