State v. DeMello.

Dissenting opinion by

POLLACK, J.,

in which Circuit Judge PERKINS joins.

This case requires us to determine whether the Hawai'i restitution statute provides for recovery of lost wages as restitution. In holding that it does, the majority purports to rely on the “plain language” of the statute. I disagree that the statute unambiguously provides for the recovery of lost wages as a category of restitution. When viewing the words of the restitution statute in the context that they are used, it is apparent that the legislature intended to limit the types of financial injuries that are compensable…