Insurance payout supported restitution order.

Byline: Virginia Lawyers Weekly

Although the judge entered a general finding that the defendant stole jewelry and silver, the payout by the insurance company was sufficient to support a $58,000 restitution award.

Background

In December of 2014, the victim hired appellant to help around the house during

the holiday season. Between January and May 2015, when the victim spent most of her time in Florida, appellant was at the house on several occasions.

When the victim returned home in May of 2015, she discovered that many pieces of her jewelry were missing. The police investigation revealed that appellant had sold some of the victim's jewelry and silver at a pawn shop in April of 2015.

Appellant testified in her own defense. She said that she had permission

to take the jewelry to Goodwill and to the pawn shop. On rebuttal, and in earlier testimony, the victim testified that she never gave appellant permission to take anything to either Goodwill or the pawn shop.

The conviction order was a general verdict of guilt. At sentencing, the commonwealth introduced a letter from the Chubb Group of Insurance Companies requesting restitution for loss payouts made to the victim in the amount of $58,054.80. The victim testified that this proof of payment was for her missing silver and not for any of her other possessions. After reiterating that appellant had been convicted of grand larceny, the trial court awarded the victim $58,054.80 in restitution, the value of the missing silver.

Analysis

Appellant contends the trial court abused its discretion by ordering appellant to pay restitution in the amount of $58,054.80 when such an award was not supported by a preponderance of the evidence. Specifically, she argues that, because the trial court did not specify in its order which of the missing items it was convicting appellant of taking, the restitution award may have been based on the value of items she had not been convicted of taking.

The grand larceny indictment against appellant alleged that she...