STATE v. ELLIS

No. 1 CA-CR 90-906.

172 Ariz. 549 (1992)

838 P.2d 1310

STATE of Arizona, Appellee, v. Roy Furnit ELLIS, Appellant.

Court of Appeals of Arizona, Division 1, Department C.

Review Denied November 3, 1992.


Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Div., and Dennis Staffelbach, Asst. Atty. Gen., Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by Paul C. Klapper, Deputy Public Defender, Phoenix, for appellant.


OPINION

KLEINSCHMIDT, Judge.

In this case, we hold that in assessing restitution for a loss of personal property, the measure of the victim's full economic loss is the fair market value of the property at the time of the loss. The judge has discretion to use other measures of economic loss when fair market value will not make the victim whole.

The defendant was convicted of trafficking in stolen property. The victim testified that he had lost the following...

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