In Re Brittany L.

In this case we hold the trial court erred in failing to order victim restitution without regard to potential third party reimbursement, as well as in failing to consider the defendant’s evidence challenging the necessity and amount of the victims’ claimed repair costs. Accordingly, we vacate the restitution order and remand to the trial court with directions to determine the amount of economic loss suffered by the victims in this case.

Facts and Proceedings Below

Mr. Steven Pastore and his wife decided not to pass out candy to trick-or-treaters on Halloween night 2000. They turned off the lights outside and inside the home except for reading lights in the upstairs bedroom.

Around 7:30 p.m. Pastore heard pounding on his front door. He also heard his doorbell ringing continuously. He looked out the upstairs bedroom window and saw two boys in his next-door neighbor’s driveway. Appellant Brittany L. lives next door to the Pastores with her sisters and mother.

An hour or so later Pastore looked out his window and saw appellant and four boys standing on appellant’s driveway. A pizza deliveryman arrived and the juveniles went inside appellant’s house.

Around 9:00 p.m.…