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Guinard v. State

Supreme Court of Wyoming

November 5, 2014

RANDY GUINARD, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

Appeal from the District Court of Fremont County. The Honorable Norman E. Young, Judge.

Representing Appellant: Office of the Public Defender: Diane M. Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel.

Representing Appellee: Peter K. Michael, Attorney General; David L. Delicath, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General; James Michael Causey, Senior Assistant Attorney General.

Before BURKE, C.J., and HILL, KITE, DAVIS, and FOX, JJ.

OPINION

Page 427

KITE, Justice.

[¶1] Randy Guinard pleaded guilty to three counts of larceny. As part of a plea agreement, he agreed to pay restitution in amounts to be determined by the district court. After a hearing, the district court ordered Mr. Guinard to pay specified amounts to several of the victims of his larceny offenses. Mr. Guinard appeals, claiming the district court abused its discretion in awarding the amount it did to one victim and awarding restitution at all to another victim. We affirm the district court's order awarding restitution with the exception of two minor recalculations and remand for an amended order reflecting those recalculations.

ISSUE

[¶2] The issue for our determination is whether the district court abused its discretion in awarding restitution to Range Drilling and awarding $679.50 to Toni Coons.

Page 428

FACTS

[¶3] The Fremont County Attorney's Office charged Mr. Guinard on February 1, 2013, with three counts of larceny, one count of larceny by bailee and one count of burglary. The charges stemmed from the disappearance of drilling pipe, a well motor and a transformer belonging to Range Drilling. In a separate case, the county attorney's office charged Mr. Guinard with one count of larceny stemming from the disappearance of pipe from Richardson Operating Co. and one count of larceny by bailee for selling brass belonging to Toni and Thomas Coons.

[¶4] Mr. Guinard entered into a plea agreement with the county attorney in which he agreed to plead guilty to two counts of felony larceny and one count of misdemeanor larceny in exchange for dismissal of the remaining charges. The parties also agreed that Mr. Guinard would be sentenced to consecutive three to five year terms on the felony convictions, which sentences would be suspended in favor of three years of probation, and 180 days on the misdemeanor conviction. The plea agreement further provided:

[Mr. Guinard] shall pay restitution on all Counts originally charged. [He] shall pay restitution in amounts deemed appropriate by the Court to Richardson Operating Company, Range Drilling, Mill Creek Metal, Ward's Iron and Toni and Thomas Coons.
[Mr. Guinard] shall also pay restitution to the Wind River Casino in the amount of $5,000.00.

[¶5] The district court sentenced Mr. Guinard in accordance with the plea agreement.[1] Subsequently, the district court convened a hearing for purposes of taking evidence on the issue of restitution. At the close of the hearing, the district court ordered Mr. Guinard to pay $40,183.30 to Range Drilling, $4,500 to Mill Creek Metals, $2,679.50 to Toni Coons, and $5,000 to Wind River Casino. The district court thereafter entered an amended judgment and sentence containing the restitution amounts. Mr. Guinard timely appealed the amended judgment and sentence.

STANDARD OF REVIEW

[¶6] We review challenges to the amount of restitution set by district courts for abuse of discretion. Morris v. State, 2009 WY 88, ¶ 25, 210 P.3d 1101, 1108 (Wyo. 2009). An order awarding restitution should be supported by sufficient evidence to afford a reasonable basis for estimating the loss. Id.

DISCUSSION

[¶7] Mr. Guinard contends the evidence did not support the district court's restitution awards to Range Drilling or Ms. Coons. With respect to Range Drilling, he argues the evidence was simply insufficient to support any award. With respect to Ms. Coons, he asserts the award of $2,000 ...


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