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State v. Tupa

Docket No. 20040106
Oral Argument: Tuesday, November 16, 2004 1:30pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Mark Joseph Tupa, Defendant and Appellant
Case Type
CRIMINAL APPEAL : MISC. STATUTORY OFF. (MISDEMEANOR)
Appeal From
Case No. 03-K-01201
South Central Judicial District, Mercer County
Gail Hagerty
2005 ND 25691 N.W.2d 579
Oral Argument 11/16/2004

Highlight

A criminal restitution award can be based on replacement costs where, for example, a victim must replace an item not readily or desirably found in a secondary market.
Fair market value or cost to repair are appropriate measures of criminal restitution if they make a victim whole, such as where a damaged or destroyed item can be cost-effectively repaired or where a viable and appropriate secondary market exists.
A trial court has wide discretion in setting the amount of restitution, and the trial judge does not abuse this discretion by awarding restitution that is within the range of reasonableness.
North Dakota law does not limit criminal restitution to those amounts that would be recoverable in a corresponding civil tort action.
Restitution payments are based on what a defendant can or will be able to pay, and the trial court does not abuse its discretion, or threaten a victim's reimbursement, by ordering payments that are within the defendant's capabilities, even if the obligation may necessitate a change in the defendant's lifestyle.


Briefs

Filing Date Description
07/29/2004 APPELLANT BRIEF View
09/07/2004 APPELLEE BRIEF (for both 20040106 & 20040132) View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Todd A. Schwarz - 04708
APPELLEE STATE'S ATTORNEY James O Johnson - 03891

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 04/19/2004 NOTICE OF APPEAL : 04/16/2004
2 04/19/2004 ORDER FOR TRANSCRIPT : 04/16/2004
3 04/19/2004 ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V.
4 04/21/2004 RETENTION OF RECORD ON APPEAL (Ronda Colby) : 06/05/2004
5 05/14/2004 RECORD ON APPEAL
6 05/26/2004 TRANSCRIPT DATED 4-14-04
7 05/26/2004 DISK - tra (4-14-04)
8 06/24/2004 MOT. EXT/TIME APPELLANT BRIEF
9 06/24/2004 ACTION BY CLERK (MAT) - Granted : 08/04/2004
10 07/29/2004 APPELLANT BRIEF View
11 07/29/2004 APPELLANT APPENDIX
12 07/29/2004 DISK - ATB
13 08/03/2004 Copies of trial court docket sheet and corrected table of contents for ATA - inserted
14 08/04/2004 MOT. EXT/TIME APPELLEE BRIEF, w/note attached (faxed)
15 08/04/2004 E-FILED MOTION (MAE)
16 08/04/2004 ACTION BY CLERK (MAE) - Granted : 09/09/2004
17 09/07/2004 APPELLEE BRIEF (for both 20040106 & 20040132) View
18 09/08/2004 (This case is consolidated w/20040132. Make all docket entries from this point, except
19 09/08/2004 disposition, in this case)
20 09/13/2004 Corrected covers for AEB
21 09/13/2004 DISK - aeb
22 10/22/2004 SITTING WITH THE COURT : Olson, Everett Nels
23 11/16/2004 APPEARANCES: Todd Schwarz; Loren McCray; James Johnson
24 11/16/2004 ARGUED: Schwarz; McCray; Johnson (Vol. Z; page 56)
25 11/16/2004 ORAL ARGUMENT WEBCAST
26 01/24/2005 DISPOSITION
27 01/24/2005 UNANIMOUS OPINION : VandeWalle, Gerald W. View
28 01/27/2005 Judgment Mailed to Parties
29 02/15/2005 MANDATE
30 02/17/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
31 06/13/2011 EXPUNGED - Nonpermanent record items destroyed