from the Iowa District Court for Mahaska County, Joel D.
defendant appeals from the district court order requiring him
to pay restitution. AFFIRMED.
Breckenridge of Breckenridge Law P.C., Ottumwa, for
J. Miller, Attorney General, and Genevieve Reinkoester,
Assistant Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Potterfield and Tabor,
Williams appeals the restitution order entered following his
guilty plea to second-degree theft by possession of a stolen
space heater in violation of Iowa Code sections 714.1(4) and
was found in possession of an industrial space heater
belonging to Nicholas Drost in April 2017. The heater was
stolen from a construction site. Several other items were
stolen from the site at that time, but they were not found in
Williams's possession. Williams pled guilty to
second-degree theft for possession of the stolen heater.
hearing regarding restitution, Drost submitted his insurance
claim showing the replacement cost of the heater to be $1234.
The heater had depreciated 60% and was valued at $617. Drost
testified he had a $1000 deductible for his insurance claim,
which covered all items stolen from the construction site,
not just the heater. The court ordered Williams to pay $1000
in restitution. Williams appeals the restitution order.
review restitution orders for correction of errors at
law." State v. Hagen, 840 N.W.2d 140, 144 (Iowa
2013). "In reviewing a restitution order 'we
determine whether the court's findings lack substantial
evidentiary support, or whether the court has not properly
applied the law.'" Id. (quoting State
v. Bonstetter, 637 N.W.2d 161, 165 (Iowa 2001)).
argues the heater should be returned to Drost and he should
not be required to pay restitution beyond the costs of
repairing the heater. Several wires were cut from the heater
to remove it from the site, and it is unknown whether the
heater can be fixed. Drost testified the heater belongs to
the insurance company since he filed the insurance claim.
alternative, Williams claims he should only be responsible
for the $617 depreciated value of the heater. Williams argues
other items were stolen from Drost and it is unfair that he
is paying the entire deductible. The State argues the crime
was causally related to the loss of $1000 for the insurance
is authorized by Iowa Code chapter 910 and is mandatory in
all criminal cases in which the defendant pleads
guilty." State v. Watts, 587 N.W.2d 750, 751
(Iowa 1998) (citing Iowa Code § 910.2). Restitution
means "payment of pecuniary damages to a victim."
Iowa Code § 910.1(4). Pecuniary damages are "all
damages to the extent not paid by an insurer, which a victim
could recover against the offender in a civil action arising
out of the same facts or event, except punitive damages and
damages for pain, suffering, mental anguish, and loss of
consortium." Id. § 910.1(3).
damages are generally determined "in the same manner as
in a civil case." Watts, 587 N.W.2d at 751
(citing Iowa Code § 910.1 (3)). "In civil cases, we
will affirm a damage award if it is within a reasonable range
of the evidence." Id. at 752. "[A]n award
of damages may still stand so long as the figure has a
reasonable basis and is not speculative, possible or
imaginary, particularly where the conduct of the wrongdoers
has rendered it difficult to ascertain the damages ...