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Bush v. State12/2/2003
court was cognizant of this requirement and sought to ascertain the damages accordingly. Indeed, I find that the amount of restitution ordered in this case falls within the confines of what could have been recovered in a civil trial. Therefore, we must not substitute our judgment of reasonable restitution for that of the district court. I believe the district court could reasonably conclude as it did and did so without acting arbitrarily or capriciously, and I would therefore uphold the district court's restitution order.
As was the case in Alcaraz, neither party suggests a civil cause of action which could arise out of the same facts. Alcaraz, at . Similarly, however, an applicable civil cause of action would be conversion. Conversion is a distinct act of dominion wrongfully executed over one's property in denial of his right or inconsistent with it. Id. The proper measure of damages in a conversion case can include various components. For instance, in a conversion case involving a road grader, the plaintiff was awarded the return of his road grader, $10,000 to repair the engine, $400 to replace the cutting edge and batteries, $900 for tire replacement, $4,600 for the cost of attempted recovery of the grader, and $67,500 for the loss of use of his grader. Cross v. Berg Lumber Co., 7 P.3d 922, 931 (Wyo. 2000). As can be seen, the plaintiff was given back his road grader and also awarded an allowance to repair his grader.
We have further indicated that the injured party should receive full compensation for his actual losses whether it is by repair to the property or some other measure. Alcaraz, at . In conversion cases, damages are generally the sum of money necessary to compensate the plaintiff for all actual losses or injuries sustained as a natural and proximate result of the defendant's wrong. Alcaraz, at . Indeed, special damages may be recovered in an action for conversion for any injury proximately resulting from the conversion. Id. The question then becomes the valuation of the injured party's actual damages.
In making this determination, I consider what we have said regarding both restitution and civil damages in general. The purpose of an order of restitution is to compensate the victim for his loss. In describing this purpose we have said:
The goal in awarding damages is to make the injured party whole to the extent that it is possible to measure an injury in terms of money. 22 Am.Jur.2d Damages ยง 26 (1988). This occurs when the victim is in the same financial position he would have been in had the wrong not been committed. Id. We have said, "In computing damages, 'the primary objective to determine the amount of loss, applying whatever rule is best situated to that purpose.'" Cross, 7 P.3d at 933 (quoting O's Gold Seed Company v. United Agri-Products Financial Services, Inc., 761 P.2d 673, 676 (Wyo. 1988)).
Alcaraz at .
As can be seen by the above quote, the determination of restitution based on the amount of loss is not an exact science. Rather, this determination can be reached through the application of different rules. The appropriate measurement will vary depending on the circumstances. We have stated, " n cases where property is destroyed, the proper damage amount is the item's market value at the time it was destroyed. The retail market value is used when the victim intends to replace the property." Meerscheidt v. State, 931 P.2d 220, 226 (Wyo. 1997) (citation omitted).
In various civil actions we have also recognized the varying measures of damages. We have said, " he measure of damages to property which can be repaired and substantially restored to its former condition is the reasonable cost
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