State v. DeMello.

Opinion of the Court by

NAKAYAMA, J.

Petitioner/Plaintiff-Appellee the State of Hawai'i (State) has asked this court to determine whether the Intermediate Court of Appeals (ICA) gravely erred when it held that lost wages may not be awarded as restitution pursuant to HRS § 706-646 (Supp.2006). We hold that HRS § 706-646 permits restitution for reasonable and verified lost wages in appropriate circumstances. Here, the District Court of the Second Circuit (district court) acted within its discretion when it ordered Respondent/Defendant-Appellant Lawrence DeMello, Jr. (DeMello) to pay restitution…