01-2365-CR State v. Kayon

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Joseph A. Kayon appeals from an order denying his postconviction motion to modify restitution and the subsequent amended judgment of conviction. Kayon argues that the trial court erroneously exercised its discretion when ordering him to pay, as restitution, both rental and replacement fees for a television. Additionally, he argues that the record does not provide sufficient facts to determine if the rental fees were reasonable under all the circumstances. We conclude that a trial court may order, in addition to the replacement cost, the reasonable rental fees incurred by a victim as part of restitution.

However, there was an insufficient record developed as to the reasonableness of the rental fees; therefore, we reverse and remand the case for the limited purpose of determining the reasonable rental fees.

Not recommended for publication in the official reports.

Dist II, Kenosha County, Schroeder, J., Anderson, J.

Attorneys:

For Appellant: Ronald J. Sonderhouse, Brookfield

For Respondent: Michael D. Graveley, Kenosha; Lara M. Herman, Madison