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STATE v. HALL

Nos. 102,297, 102,663.

304 P.3d 677 (2013)

STATE of Kansas, Appellee, v. Pamela Sue HALL, Appellant.

Supreme Court of Kansas.

June 28, 2013.

Attorney(s) appearing for the Case

Heather R. Cessna , of Kansas Appellate Defender Office, argued the cause, and Ryan Eddinger , of the same office, was with her on the brief for appellant.

Steven J. Obermeier , assistant district attorney, argued the cause, and Stephen M. Howe , district attorney, and Steve Six , attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by BEIER, J.:

This appeal, before us on petition for review, asks whether retail cost or wholesale cost is the appropriate measure of loss for determining restitution for stolen inventory. Our answer is: "It depends." We reject a bright-line rule favoring either retail or wholesale cost. The sentencing judge must evaluate the evidence, weigh all factors, and consider the facts and circumstances of each case to determine a value...

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