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State v. Clinton2/14/1995
full amount of the economic loss as determined by the court . . . ."; A.R.S. section 13-804(B) (Supp. 1994) provides, "In ordering restitution for economic loss . . . the court shall consider all losses caused by the criminal offense or offenses for which the defendant has been convicted."
Because the above-referenced statutes make no mention of it, victim fault is not an issue in the restitution phase of a criminal case. The legislature has recognized that "many innocent persons suffer economic loss and personal injury or death as a result of criminal acts." 1991 Ariz. Sess. Laws ch. 229, ยง 2 (legislative intent). But the restitution laws do not benefit only innocent victims, they benefit all victims -- -- except those who are in custody or are "the accused."
The trial court having erroneously failed to order Appellee to make restitution to victim Ortiz, the case is remanded with directions to do so.
E. G. Noyes, Jr., Presiding Judge
CONCURRING:
Sarah D. Grant, Judge
Ruth V. McGregor, Judge
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