State v. Wasson (Signed Opinion)
Annotate this CasePetitioner pleaded guilty to burglary and was sentenced to an indeterminate term of one to fifteen years. As relevant to this appeal, the circuit court ordered Petitioner to pay restitution in the amount of $5,478.93 to State Farm Insurance Company within one year of his release from incarceration. Petitioner appealed, arguing that he should not be required to pay restitution to State Farm because it was not a “direct victim” of his criminal act. The Supreme Court affirmed the circuit court’s order, holding (1) pursuant to W. Va. Code 61-11A-4(e), a court may order a defendant to make restitution to an insurance company to the extent that the insurance company has compensated a victim for loss attributable to the defendant’s criminal conduct; and (2) therefore, the circuit court in this case did not err in ordering Petitioner to make restitution to State Farm.
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