Restitution to Governmental Agencies

Last month the court of appeals decided State v. Mauer, an animal cruelty case. The defendant, Barbara Mauer, was charged with misdemeanor cruelty to animals after Cumberland County animal control officers found at least 15 to 20 cats living in deplorable conditions in her house. The floor of the house was covered with cat urine and feces, and there were streaks around the doors and windows where the cats—themselves covered with feces—“had been jumping trying to get out of the house.” The full facts of the case are appalling and sad. Suffice it to say Mauer was convicted, sentenced to one year of supervised probation, and ordered to pay $259.25 in restitution to the county animal control department. (There’s no indication in the case that the animal shelter ever filed a petition under G.S. 19A-70 asking the defendant to pay for reasonable expenses incurred by the shelter while the case was pending.) The court of appeals upheld the conviction but vacated the restitution order because there was insufficient evidence to support the amount. A restitution worksheet, unsupported by testimony or documentation, is insufficient to support an order for restitution. State v. Swann, __ N.C. App. __ (2009). I wrote a little bit about this very common error last May. So there was a lack of evidence in Mauer on the restitution amount. But what about the recipient? G.S. 15A-1340.37(c) says “[n]o government agency shall benefit by way of restitution except for particular damage or loss to it over and above its [...]