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State v. Blanchard11/12/2003
cases in which the court finds an actual pecuniary loss to a victim, or in any case where the court finds that costs have been incurred by the victim in connection with a criminal prosecution, the trial court shall order the defendant to provide restitution to the victim as a part of any sentence that the court shall impose. La. C.Cr.P. art. 895 provides as follows:
A. When the court places a defendant on probation, it shall require the defendant to refrain from criminal conduct and to pay a supervision fee to defray the costs of probation supervision, and it may impose any specific conditions reasonably related to his rehabilitation, including any of the following. That the defendant shall:....
(7) Make reasonable reparation or restitution to the aggrieved party for damage or loss caused by his offense in an amount to be determined by the court[.]
La. C.Cr.P. art. 895.1 provides in pertinent part:
A. (1) When a court places the defendant on probation, it shall, as a condition of probation, order the payment of restitution in cases where the victim or his family has suffered any direct loss of actual cash, any monetary loss pursuant to damage to or loss of property, or medical expense. The court shall order restitution in a reasonable sum not to exceed the actual pecuniary loss to the victim in an amount certain. However, any additional or other damages sought by the victim and available under the law shall be pursued in an action separate from the establishment of the restitution order as a civil money judgment provided for in Subparagraph (2) of this Paragraph. The restitution payment shall be made, in discretion of the court, either in a lump sum or in monthly installments based on the earning capacity and assets of the defendant.....
B. When a court suspends the imposition or the execution of a sentence and places the defendant on probation, it may in its discretion, order placed, as a condition of probation, an amount of money to be paid by the defendant to any or all of the following:....
(5) To the victim to compensate him for his loss and inconvenience. Such an amount may be in addition to any amounts ordered to be paid by the defendant under Paragraph A herein.
Courts apparently have wide discretion regarding the imposition of restitution when it is reasonably related to defendant's rehabilitation. State v. Alleman, 439 So.2d 418 (La. 1983). In State v. Schmidt, 558 So.2d 255, 257 (La. App. 5 Cir. 1990), this Court noted:
The jurisprudence has established that restitution is not limited to only those actual pecuniary losses sustained by the victim or his family. State v. Elkins, 489 So.2d 232 (La.1986); State v. Alleman, 439 So.2d 418 (La.1983); State v. Olsen, 496 So.2d 1260 (La. App. 1 Cir.1986).
In ordering restitution the trial judge has discretion and his decision will not be disturbed absent an abuse of this discretion. State v. Peters, 611 So.2d 191, 192 (La. App. 5 Cir. 1992). In reviewing excessive sentence assignments, the sentence imposed will not be set aside absent a showing of manifest abuse of the trial court's wide discretion. State v. Lobato, 603 So.2d 739, 751 (La.1992).
We find that the trial judge did not err in ordering restitution of $8,192.44. La. R.S. 46:1844(M) permits the trial judge to award restitution in an amount and manner to be determined by the court. Ms. Poussard testified that, as a result of injuries she sustained in the accident caused by defendant, she was forced to obtain medical treatment and to miss work, among other things. Although she only paid $271.14 of her medical expenses, she explained that she and her employer, Ochsner Hospi
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