Chappelone

At first blush, this appeal presents what appears to be a relatively straightforward issue: did the trial court properly calculate the amount of restitution owed by husband and wife defendants Yvonne and Michael Chappelone for the theft of a large quantity of retail merchandise from Yvonne’s employer, Target? Upon closer examination, however, this appeal presents numerous complexities, such as how to value merchandise that was already damaged prior to the theft; whether the merchandise should be valued at its retail or wholesale price; and whether the calculation should be based on the diminution in value of the merchandise since the bulk of it was recovered by Target. The trial court grappled with these and other questions and, following a contested restitution hearing, ordered defendants to pay restitution in the amount of $278,678.

Defendants contend that (1) the court abused its discretion in calculating the amount of restitution owed and (2) the restitution order violated their Sixth Amendment right to a jury trial. We conclude that their first argument has merit, but the second does not. We thus reverse and remand, but not for a jury trial.

BACKGROUND

1. The…