STATE OF IOWA, Plaintiff-Appellee, vs. AARON JULIAN D'AMICO, Defendant-Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 7-337 / 06-1871
Filed June 27, 2007
STATE OF IOWA,
Plaintiff-Appellee,
vs.
AARON JULIAN D’AMICO,
Defendant-Appellant.
Appeal from the Iowa District Court for Polk County, Robert A. Hutchison,
Judge.
Defendant appeals the order of restitution in this case involving firstdegree theft. AFFIRMED.
Maria Ruhtenberg of Whitfield & Eddy, P.L.C., Des Moines, for appellant.
Thomas J. Miller, Attorney General, Elisabeth S. Reynoldson, Assistant
Attorney General, John P. Sarcone, County Attorney, and Jim Ward, Assistant
County Attorney, for appellee.
Considered by Huitink, P.J., and Zimmer, J., and Beeghly, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2007).
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BEEGHLY, S.J.
I.
Background Facts & Proceedings
Aaron D’Amico took a red 2006 Volkswagen Jetta GLI from Carousel
Motors in Iowa City on June 26, 2006. The car had a list price of $26,709. The
car was recovered by police officers the next day in Des Moines. The door
panels were loose, but there was no major damage to the car. D’Amico pled
guilty to first-degree theft. He was sentenced to a term of imprisonment not to
exceed ten years, and ordered to pay restitution of $3,075 to Carousel Motors.
D’Amico filed a request for a restitution hearing. Patrick Lind, the general
manager of Carousel Motors, testified the company spent $150 to get the car
back to Iowa City, $300 on inspection and repair, and $125 on cleanup. Lind
stated that if the car had not been stolen the company would only have accepted
a sales price of about $1,000 off the list price. He stated that because the car
had been stolen the car was worth about ten percent less, or about $2,500. The
car was actually sold for $23,209.
The district court determined the amount of $3,075 was correct. The court
added $2,500 for the discount to the vehicle, plus the recovery, repair and cleanup costs totalling $575, to reach the amount of $3,075. D’Amico appeals.
II.
Standard of Review
Our review of a restitution order is for the correction of errors at law. State
v. Klawonn, 688 N.W.2d 271, 274 (Iowa 2004). We are bound by the district
court’s findings of fact so long as they are supported by substantial evidence.
State v. Paxton, 674 N.W.2d 106, 108 (Iowa 2004).
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III.
Merits
Iowa Code section 910.2 (2005) provides that a sentencing court must
order restitution to be paid by an offender to the victim of the crime. State v.
Bonstetter, 637 N.W.2d 161, 165 (Iowa 2001). Restitution is the payment of
pecuniary damages. Iowa Code § 910.1(4). Pecuniary damages are defined as:
[A]ll damages to the extent not paid by an insurer, which a victim
could recover against the offender in a civil action arising out of the
same facts or event, except punitive damages and damages for
pain, suffering, mental anguish, and loss of consortium.
Iowa Code § 910.1(3).
The statute clearly indicates restitution to a victim depends upon what the
victim could obtain in a civil action against the defendant. Paxton, 674 N.W.2d at
108. “The rationale of restitution under criminal law is similar to the rationale of
tort under civil law.” Bonstetter, 637 N.W.2d at 165. A victim is entitled to all
damages causally connected to the crime. State v. Mayberry, 415 N.W.2d 644,
645 (Iowa 1987); State v. Idhe, 532 N.W.2d 827, 829 (Iowa Ct. App. 1995). As
long as the restitution order bears a reasonable relationship to the damage
caused by the offender’s criminal act it is not excessive. Bonstetter, 637 N.W.2d
at 165. This reasonable relationship must be shown by a preponderance of the
evidence. Id. at 166; Idhe, 532 N.W.2d at 829.
D’Amico claims Carousel Motors should not be entitled to anything for
diminution in value to the car. He asserts that where the cost of repair did not
exceed the difference in market value, then the measure of damages should be
the cost of repair plus the reasonable value of the use of the vehicle. See Long
v. McAllister, 319 N.W.2d 256, 261 (Iowa 1982).
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Application of this rule, however, would not fully compensate Carousel
Motors for its loss. Before the car was stolen, Carousel Motors intended to sell
the car for at least $25,709, which was $1,000 off the list price of $26,709. Lind
testified the company was required to reveal to potential buyers that the car had
been stolen, and this made the car worth $2,500 less than it was before. See
State v. Watts, 587 N.W.2d 750, 752 (Iowa 1998) (noting a twenty-five percent
reduction in the valuation of stolen clothing for purposes of determining whether
the amount of restitution was proper). These figures are supported by the fact
the car sold for $23,209, which is $3,500 below the list price.
The restitution amount is not excessive because it bears a reasonable
relationship to the damage caused by D’Amico’s criminal act. We determine the
district court used a proper method to calculate damages, and the restitution
amount is supported by substantial evidence. We affirm the district court.
AFFIRMED.
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