Restitution Determination

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Andrew Frank Phillips

Case No.: 2022AP002219-CR

Officials: White, C.J., Donald, P.J., and Dugan, J.

Focus: Restitution Determination

Phillips appeals from the judgment of the circuit court, entered upon a guilty plea, for theft of moveable property from a person as a party to a crime. Phillips challenges the order of restitution in the amount of $2,100. Phillips argues that the evidence was insufficient to support the circuit court’s order. The appeals court remands with directions to hold an evidentiary hearing to determine the proper restitution amount. The district attorney had the primary responsibility for obtaining information relating to the amount of loss suffered by the victim during the initial sentencing hearing. This responsibility is placed on the district attorney because he or she is in the best position to elicit this information. However, for hearings held after sentencing, such as will be the case here, the burden of demonstrating loss by the preponderance of the evidence shifts to the victim, unless the court orders the district attorney to represent the victim. Here, the appeals court believes it appropriate for the circuit court to order the district attorney to represent the victim, D.H., and thereby reinstate the responsibility to the district attorney of obtaining the information from the victim to substantiate the claimed losses

Reversed and remanded.

Decided 10/24/23

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