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Sentencing — restitution

Wisconsin Court of Appeals

Criminal

Sentencing — restitution

Jesse Fries was convicted of armed robbery of a gas station and convenience store located in Juneau County. As part of its sentence, the court ordered Fries to pay restitution, including $8,715.11, an amount which the owner of the store incurred to install a new security system in the convenience store. Fries appeals the court’s restitution order and the order denying postconviction relief on the ground that the cost of the new security system does not constitute a “special damage” within the meaning of the restitution statute, Wis. Stat. § 973.20 (2009-10). In accordance with our holdings in State v. Behnke, 203 Wis. 2d 43, 553 N.W.2d 265 (Ct. App. 1996), and State v. Johnson, 2002 WI App 166, 256 Wis. 2d 871, 649 N.W.2d 284, we conclude that the court appropriately exercised its discretion in awarding the store owner the cost of the upgraded security system to help restore a sense of security in the store. Accordingly, we affirm. Not recommended for publication in the official reports.

2011AP517-CR State v. Fries

Dist IV, Juneau County, Curran, J., Higginbotham, J.

Attorneys: For Appellant: York, Katie R., Madison; For Respondent: Weber, Gregory M., Madison; Southworth, Scott Harold, Mauston

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