Vermont v. Vezina

In 2013, defendant Robert Vezina pleaded guilty to one count of petit larceny in connection with the theft of seven pieces of musical equipment in July 2012. Defendant's sentence included a restitution order. The items taken were from the victim's rare drumming equipment collection, much of which was no longer being produced. The court found that the items which were damaged or stolen were collector's items, for which there is no "blue book" value as there is for automobiles. They were in "impeccable" condition before the larceny, as the owner did not let others play or touch his drum equipment. Because they are no longer being produced, most of the items in the owner's collection, when they were intact, were probably more valuable than when the owner originally purchased them. The cymbals that were damaged are no longer valuable collector's items. Defendant challenged the restitution order for the cymbals, arguing the trial court erred by concluding that certain cymbals that had been stolen but then returned in a degraded but functional condition were worthless; by awarding restitution based on the subjective value of the cymbals to the victim; and by ordering defendant to pay restitution without making a finding on his ability to pay. Upon review, the Supreme Court affirmed on the first two issues, and reversed and remanded for further proceedings concerning defendant's ability to pay. View "Vermont v. Vezina" on Justia Law