from the Marion Superior Court, No. 49G05-1602-F6-005142 The
Honorable Grant W. Hawkins, Judge The Honorable Travis
Petition to Transfer from the Indiana Court of Appeals, No.
ATTORNEYS FOR APPELLANT Ruth Johnson Victoria L. Bailey
Marion County Public Defender Agency Indianapolis, Indiana
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Justin F. Roebel Andrew J. Kobe Deputy Attorneys
General Indianapolis, Indiana
case we are presented with several issues related to
defendant's restitution order. As a threshold matter, we
must determine whether defendant waived her right to appeal
the amount she was ordered to pay in restitution after she
entered into a plea agreement that left the amount of
restitution to be paid blank, with no further instruction on
how the amount was to be determined. We then address whether
sufficient evidence supports the restitution order where
defendant pled guilty to stealing a vehicle and the
restitution ordered was for spray-paint damage done to the
vehicle during the time period it was stolen. Finally, we
address whether the trial court abused its discretion when it
ordered defendant to pay restitution as a condition of
probation in light of her financial circumstances.
reasons discussed herein, we hold that defendant did not
waive her right to appeal the amount of restitution she was
ordered to pay. We also hold that the trial court did not
abuse its discretion in ordering defendant to pay restitution
as a condition of probation for the spray-paint damage caused
to the victim's vehicle in light of the facts and
circumstances of this case. Accordingly, we affirm the trial
and Procedural History
February 2016, Robin Boyer's 2003 Chevy Trailblazer was
stolen from in front of her apartment in Indianapolis. Boyer
had left the vehicle unlocked and running to warm up.
Approximately 5 hours later, Boyer's vehicle was located
by police. Defendant, Justine Archer, was driving it. Red
paint was found on the front of the vehicle, on the vehicle
identification number (VIN) inside the vehicle, and on a
section of the window covering the VIN.
was arrested and charged with Level 6 felony Auto Theft.
Archer pled guilty as charged. As part of the plea agreement,
Archer waived the right to appeal the sentence imposed as
long as the trial court sentenced her within the terms of the
agreement. The agreement provided that Archer make
restitution, but left the amount of restitution blank.
Specifically, the plea agreement provided in relevant part:
The Defendant additionally acknowledges: . . . that [s]he
hereby waives the right to appeal any sentence imposed by the
Court, including the right to seek appellate review of the
sentence pursuant to Indiana Appellate Rule 7(B), so long as
the Court sentences the Defendant within the terms of this
(App. 31.) The parties could not agree on a restitution
amount, so the trial court held a restitution hearing.
hearing, Boyer testified that her vehicle was gone for about
five hours, and came back heavily spray-painted. She also
presented evidence that repairs and replacements from the
spray-painting would cost $5, 240.32. Archer also testified
at the hearing, but neither witness testified regarding
whether Archer was the one who actually spray-painted the
trial court ordered Archer to pay $5, 240.32 in restitution.
Archer was to pay ...