State v. Ellis

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 items: a pool cue which he had purchased used five years earlier for which he had paid $250; a sports jacket which was three years old and…