State v. May

I concur that we can not affirm the restitution award for most of the reasons stated in the opinion for the Court. I agree with Justice Morse, in part, that if we were to apply the standard applicable to civil damage awards, we would affirm at least part of the restitution award. Without further action from the Legislature, which I agree with Justice Morse would be desirable, I do not believe that lost profits are appropriate for restitution awards.

Both the majority and the dissent conclude that lost profits are appropriate for restitution awards, but differ on whether they could be awarded…