Carlin Iltzsch v. State of Indiana, 981 N.E.2d 55 (Ind. 2013). · Go Syfert
Carlin Iltzsch v. State of Indiana, 981 N.E.2d 55 (Ind. 2013). Cases Citing This Book View Copy Cite
43 citation events (43 in the last 25 years) across 1 distinct court.
Strongest positive: Thomas Holiday v. State of Indiana (mem. dec.) (indctapp, 2019-03-12)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
discussed Cited as authority (rule) Thomas Holiday v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
Id. “[T]he principal purpose of restitution is to vindicate the rights of society and to impress upon the defendant Court of Appeals of Indiana | Memorandum Decision 18A-CR-2014 | March 12, 2019 Page 4 of 9 the magnitude of the loss the crime has caused[;] restitution also serves to compensate the victim.” Iltzsch v. State, 981 N.E.2d 55, 56 (Ind. 2013). [7] Indiana Code section 35-50-5-3(a) provides, in pertinent part: [I]n addition to any sentence imposed under this article for a felony or misdemeanor, the court may, as a condition of probation or without placing the person on probation,…
discussed Cited as authority (rule) Armando M. Bruno v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2017 · confidence medium
The court shall base its restitution order upon a consideration of: (1) property damages of the victim incurred as a result of the crime, based on the actual cost of repair (or replacement if repair is inappropriate); Court of Appeals of Indiana | Memorandum Decision 14A01-1606-CR-1530 | May 12, 2017 Page 26 of 28 (2) medical and hospital costs incurred by the victim (before the date of sentencing) as a result of the crime; (3) the cost of medical laboratory tests to determine if the crime has caused the victim to contract a disease or other medical condition; (4) earnings lost by the victim (…
discussed Cited as authority (rule) Marilyn M. Clontz v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2017 · confidence medium
Garcia v. State, 47 N.E.3d 1249, 1253 (Ind. Ct. App. 2015) (“[O]ur Indiana Supreme Court has held that when the record contains insufficient evidence to support an order of restitution, the case may be remanded for the trial court to hold another hearing.”) (citing Iltzsch v. State, 981 N.E.2d 55, 57 (Ind. 2013)), trans. denied.
discussed Cited as authority (rule) Justine Archer v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2017 · confidence medium
In Iltzsch v. State, 981 N.E.2d 55, 57 (Ind. 2013), our supreme court observed that a remand for new evidence pertinent to restitution is not, in appropriate circumstances, allowing a "second bite at the apple.” Here, where Archer agreed to pay restitution, we conclude that remand is appropriate.
discussed Cited as authority (rule) Jerry Baker v. State of Indiana
Ind. Ct. App. · 2017 · confidence medium
Discussion & Decision Baker argues that the trial court abused its discretion in determining the amount of restitution he owed to Apollos. “[T]he principal purpose of restitution is to vindicate the rights of society and to impress upon the defendant the magnitude of the loss the crime has caused, and that restitution also serves to compensate the victim.” Morgan v. State, 49 N.E.3d 1091, 1093-94 (Ind. Ct. App. 2016) (quoting Iltzsch v. State, 981 N.E.2d 55, 56 (Ind. 2013)).
cited Cited as authority (rule) Andrew Tyler Fisher v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2016 · confidence medium
Iltzsch v. State, 981 N.E.2d 55, 57 (Ind. 2013).
discussed Cited as authority (rule) Kimberly Y. Morgan v. State of Indiana
Ind. Ct. App. · 2016 · confidence medium
(Appellant’s Br.'at 9;) [7] As part of a sentence or as a condition-of probation, a-trial court may order a -defendant to pay restitution to a victim. • Bailey v. State, 717 N.E.2d 1, 4 (Ind.1999). . -“[T]he principal purpose of *1094 restitution is to vindicate the rights of society and to impress upon the defendant the magnitude of the loss the crime has caused, and that restitution also serves to compensate the victim.” Iltzsch v. State, 981 N.E.2d 55, 56 (Ind.2013). . [81 The trial court is bound to comply with the applicable restitution statute when ordering restitution.
examined Cited as authority (rule) John Paul Garcia v. State of Indiana (4×) also: Cited "see"
Ind. Ct. App. · 2015 · confidence medium
Iltzsch v. State, 981 N.E.2d 55, 57 (Ind. 2013).
cited Cited as authority (rule) Latroya Rucker v. State of Indiana
Ind. Ct. App. · 2014 · confidence medium
Iltzsch v. State, 981 N.E.2d 55, 56 (Ind. 2013).
cited Cited as authority (rule) Shamberley Jones v. State of Indiana
Ind. Ct. App. · 2013 · confidence medium
Iltzsch v. State, 981 N.E.2d 55, 56-57 (Ind. 2013). 5 Here, the evidence concerning Dunn’s actual loss consisted of a body shop repair estimate.
discussed Cited as authority (rule) Zane Payton v. State of Indiana
Ind. Ct. App. · 2013 · confidence medium
In lltzsch v. State, 981 N.E.2d 55, 57 (Ind. 2013), our supreme court concluded that where the trial court’s restitution order is not supported by sufficient evidence, the proper remedy is to remand the case with instructions to conduct a new restitution hearing.
discussed Cited as authority (rule) Noel Stack v. State of Indiana (2×) also: Cited "see"
Ind. Ct. App. · 2013 · confidence medium
And while the court correctly noted that the evidence supporting the amount of loss sustained by the victim is sufficient if it affords a reasonable basis for estimating loss and is not based on mere speculation or conjecture, see Iltzsch v. State, 972 N.E.2d 409, 412 (Ind. Ct. App. 2012), summarily aff’d on this ground by 981 N.E.2d 55, 57 (Ind. 2013), this standard of proof falls below that of beyond a reasonable doubt. 5 The trial court’s restitution order was in the amount of $36,232, which was the total value of a list of items, including the watch, minus the “insurance proceeds and…
discussed Cited as authority (rule) Jesus S. Gil v. State of Indiana
Ind. Ct. App. · 2013 · confidence medium
Since there was insufficient evidence regarding the amount of property damaged or stolen on December 30, 2010, we remand to the trial court for a new hearing on restitution to determine whether adequate proof exists as to the amount of restitution ordered. 6 Iltzsch v. State, 981 N.E.2d 55, 56-57 (Ind.2013) (holding that while “the better practice for the State would have been to present more substantial evidence about the nature and extent of the property damage,” the cause should be remanded to the trial court for a new restitution hearing).
discussed Cited as authority (rule) E. Paul Haste v. State of Indiana
Ind. Ct. App. · 2013 · confidence medium
The State argues that in light of our supreme court’s recent holding in Iltzsch v. State, 981 N.E.2d 55, 56 (Ind. 2013), we should remand the case to the trial court for a new hearing on restitution.2 Our supreme court granted transfer with opinion in Iltzsch v. State, 972 N.E.2d 409 (Ind. Ct. App. 2012)) “to address whether the case can be remanded for a new restitution hearing.” Iltzsch, 981 N.E.2d at 56 .
cited Cited as authority (rule) Adam Morris v. State of Indiana
Ind. Ct. App. · 2013 · confidence medium
Iltzsch v. State, 972 N.E.2d 409, 412 (Ind.Ct.App.2012), summarily aff'd in relevant part, 981 N.E.2d 55, 57 (Ind.2013).
cited Cited "see" Michael J. Johnson v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · signal: see · confidence high
See Iltzsch v. State, 981 N.E.2d 55, 57 (Ind. 2013) (per curiam) (“[P]recedent supports remanding for additional evidence when appropriate.”).
discussed Cited "see" Robert Muldowney v. Lincoln Park, LLC and Robert Versprille
Ind. Ct. App. · 2017 · signal: see · confidence high
See Iltzsch v. State, 981 N.E.2d 55, 57 (Ind. 2013) (remanding to allow State to present evidence supporting restitution request where defendant did not object to fact of restitution and State presented insufficient evidence to support restitution amount); Essany v. Bower, 790 N.E.2d 148, 153 (Ind. Ct. App. 2003) (remanding for trial court to conduct new hearing on protective order request where trial court did not permit petitioner to testify or to cross-examine defendant).
discussed Cited "see" Patrick Hardy v. State of Indiana (mem. dec.) (2×) also: Cited "see, e.g."
Ind. Ct. App. · 2016 · signal: see · confidence high
See Iltzsch, 981 N.E.2d at 56-57 .
discussed Cited "see" John Paul Garcia v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2015 · signal: see · confidence high
See Iltzsch v. State, 972 N.E.2d 409, 414 (Ind. Ct. App. 2012) (holding the unsworn and unsupported hearsay statements of the victim in the pre-sentence investigation report were insufficient to support the restitution order and noting the State could prove the claimed restitution amount in a number of ways, including sworn testimony from the victim at the trial or sentencing, an affidavit from the victim, or documentation of claimed damages), vacated on other grounds, 981 N.E.2d 55, 56 (Ind. 2013) (agreeing as to the sufficiency of the evidence that “the better practice for the State would …
cited Cited "see" Keron D. Rodgers v. State of Indiana
Ind. Ct. App. · 2015 · signal: see · confidence high
See Iltzsch v. State, 981 N.E.2d 55, 57 (Ind.2013) (finding proper a remand for restitution hearing). [10] Reversed and remanded.
cited Cited "see" Natasha R. Hill v. State of Indiana
Ind. Ct. App. · 2015 · signal: see · confidence high
See Iltzsch v. State, 981 N.E.2d 55, 57 (Ind.2013); see also J.H. v. State, 950 N.E.2d 731, 735 (Ind.Ct.App.2011).
discussed Cited "see" Leeshawn Rodgers v. State of Indiana (2×)
Ind. Ct. App. · 2015 · signal: see · confidence high
See Iltzsch v. State, 981 N.E.2d 55, 57 (Ind. 2013).
discussed Cited "see, e.g." Colleen Chaplin v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2015 · signal: see also · confidence medium
A trial court abuses its discretion if its “decision is clearly against the logic and effects of the facts and circumstances before it” or if it “misinterprets or misapplies the law.” Id.; see also Kelley v. State, 11 N.E.3d 973, 977 (Ind. Ct. App. 2014) (stating that a trial court abuses its discretion if it misinterprets or misapplies a statute relating to a restitution order). [10] “[T]he principal purpose of restitution is to vindicate the rights of society and to impress upon the defendant the magnitude of the loss the crime has caused, and that restitution also serves to compen…
Retrieving the full opinion text from the archive…
Carlin ILTZSCH, Appellant (Defendant Below),
v.
STATE of Indiana, Appellee (Plaintiff Below)
49S02-1301-CR-57.
Indiana Supreme Court.
Jan 24, 2013.
981 N.E.2d 55
Valerie K. Boots, Indianapolis, IN, Attorney for Appellant., Gregory F. Zoeller, Attorney General of Indiana, Ryan D. Johanningsmeier, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.
Rucker, David, Massa, Rush, Dickson.
Cited by 28 opinions  |  Published

Lead Opinion

PER CURIAM.

Following a bench trial, Carlin Iltzsch was found guilty of burglary, a class B felony, adjudicated an habitual offender, and sentenced to an executed term of twenty-two years. In addition, the trial[*56] court ordered Iltzsch to pay restitution to the victim in the amount of $711.95. At issue in this appeal is the restitution order.

We have said the principal purpose of restitution is to vindicate the rights of society and to impress upon the defendant the magnitude of the loss the crime has caused, and that restitution also serves to compensate the victim. See Pearson v. State, 883 N.E.2d 770, 772 (Ind.2008). Indiana Code section 35-50-5-8(a) says that a “court shall base its restitution order upon a consideration of: (1) property damages of the victim incurred as a result of the crime, based on the actual cost of repair (or replacement if repair is inappropriate)[.]”

Here, restitution was ordered for the victim’s television set and record collection. The Victim Impact Statement, included in the Pre-Sentence Report, stated in part, “[Victim] advised nothing was taken but the defendant destroyed his antique record collection valued at approximately $800.00. In addition, his television had to be replaced and the loss was $411.95.” (Report, p. 13.) At trial, the victim testified that the television set had been moved from its usual place and had been found on the floor of the kitchen. (Transcript, p. 35.) A photograph admitted into evidence showed the television face down on the floor after the burglary, but damage to the set was not illustrated. (Exhibits, p. 11.) The following exchange occurred at the restitution hearing, which the victim did not attend:

[Prosecutor] I’d also ask that pursuant to the Victim Impact Statement that’s contained in the PSI, I believe the total is $711.95 worth of damage to a television and some antique records; that judgment be ordered, civil judgment to [the victim] in the amount of $711.95.
[The Court] Anything with respect to the civil judgment or restitution, [defense counsel]?
[Defense Counsel] We have no objection to that, Your Honor.
[[Image here]]
[Defense Counsel] And I apologize, Your Honor. Actually I think for the record I would object to the restitution amount based on the fact that Mr. Iltzsch has maintained his innocence so we would object to that restitution as a civil judgment order.
[The Court] Over objection of the defense, I will order a civil judgment of restitution to [the victim] in the amount of $711.95. That’s to help pay for the damage and the lost property.

(Transcript, p. 87-91.)

The Court of Appeals unanimously reversed the restitution order on grounds there was insufficient evidence to support the amount of restitution awarded. Iltzsch v. State, 972 N.E.2d 409, 412-14 (Ind.Ct.App.2012), vacated. Without doubt, the better practice for the State would have been to present more substantial evidence about the nature and extent of the property damage, as outlined by the Court of Appeals. Similarly, the better practice for a defendant would have been to make contemporaneous objections (for example, hearsay and lack of foundation) as appropriate.

We grant transfer, though, to address whether the case can be remanded for a new restitution hearing. This question divided the Court of Appeals panel. Citing[*57] Cooper v. State, 831 N.E.2d 1247, 1253-54 (Ind.Ct.App.2005), the majority “believe[d] that allowing the State to conduct a new restitution hearing and to present additional evidence concerning the loss would allow the State an inappropriate second bite at the apple.” Iltzsch, 972 N.E.2d at 415. As Judge Bailey pointed out in his dissent, though, it appears the restitution in Cooper involved a claim for lost wages by the parents of the victim that simply were not recoverable under the statute, so there would have been no reason for remand. We do not find Cooper persuasive authority for prohibiting a remand for a restitution hearing under the circumstances of this case. Rather, as the majority acknowledged, precedent supports remanding for additional evidence when appropriate. That has been the view of this Court and the Court of Appeals. See, e.g., Clausen v. State, 622 N.E.2d 925, 928 (Ind.1993), adopting in part Clausen v. State, 612 N.E.2d 147, 149 (Ind.Ct.App.1993) (remanding with instructions to hold a hearing to determine the cost of counseling, where there had been no evidence of the cost presented at the original hearing); J.H. v. State, 950 N.E.2d 731, 735 (Ind.Ct. App.2011) (remanding for a new restitution hearing “if the State desired” where insufficient evidence had been presented at the original hearing).

Accordingly, transfer of jurisdiction is granted pursuant to Appellate Rule 56(B). This case is remanded to the trial court with instructions to conduct a new restitution hearing at which the State will be permitted to present, and Iltzseh will be allowed to confront, any additional evidence supporting the victim’s property loss. The Court of Appeals opinion is vacated as to the remand; the remaining portions of the opinion are summarily affirmed. See Ind. Appellate Rule 58(A).

RUCKER, DAVID, MASSA, and RUSH, JJ., concur. DICKSON, C.J., dissents.

Dissent

DICKSON, Chief Justice,

dissenting.

I respectfully dissent, believing that we should not remand. As acknowledged by the per curiam opinion, Indiana statutory law requires that an order of restitution be “based on the actual cost of repair (or replacement if repair is inappropriate).” Ind.Code § 35-50-5-3(a). When on appeal the quantum of evidence presented by the State is found insufficient to satisfy its burden of proof on an issue, permitting the State a second opportunity to overcome its deficiency in proof is inconsistent with principles prohibiting double jeopardy. See Lockhart v. Nelson, 488 U.S. 33, 109 S.Ct. 285, 102 L.Ed.2d 265 (1988); Lambert v. State, 534 N.E.2d 235, 237 n. 2 (Ind.1989).