01-0752-CR State v. Chenal

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Craig Chenal was involved in a break-in of an abandoned house owned by the estate of Morris White. The State appeals an order that Chenal owed no restitution as a result of his conviction for misdemeanor theft, party to a crime. The State sought restitution on behalf of Roxanne White, Morris’ niece. It claims that White is entitled to restitution for (1) items that were damaged or missing from the house, (2) wages lost due to her attendance in court, (3) property clean-up expenses and (4) replacement of a door to the house. We disagree and affirm the trial court’s ruling that no restitution is due to White. The State failed to prove that Chenal was responsible for any of the damage to the property.

The State also argues that the trial court considered inadmissible testimony concerning the home’s condition.

Because the State fails to develop its argument, this court declines to address whether the court considered inadmissible testimony.

This opinion will not be published.

Dist III, Polk County, Erickson, J., Hoover, P.J.

Attorneys:

For Appellant: Stephen C. Dorrance, Balsam Lake

For Respondent: Kathleen M. Gionis, St. Croix Falls