Smith's Criminal Case Compendium
Table of Contents
State v. Moore, 365 N.C. 283 (Oct. 7, 2011)
The court reversed State v. Moore, 209 N.C. App. 551 (Feb. 15, 2011) (holding that the evidence was insufficient to support an award of restitution of $39,332.49), and held that while there was some evidence to support the restitution award the evidence did not adequately support the particular amount awarded. The case involved a conviction for obtaining property by false pretenses; specifically, the defendant rented premised owned by the victim to others without the victim’s permission. The defendant collected rent on the property and the “tenants” caused damage to it. At trial, a witness testified that a repair person estimated that repairs would cost “[t]hirty-something thousand dollars.” There was also testimony that the defendant received $1,500 in rent. Although the court rejected the State’s argument that testimony about costs of “thirty-something thousand dollars” is sufficient to support an award “anywhere between $30,000.01 and $39,999.99,” it concluded that the testimony was not too vague to support any award. The court remanded to the trial court to calculate the correct amount of restitution.