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State v. Martinez6/13/2002
r asks it to focus on admissions made to the sentencing court." (Emphasis added.)).
Further, the court's statements do not show us why Martinez's admitted conduct clearly establishes a nexus with the pecuniary damages suffered by WCF. It stated twice that the legal basis of its restitution order was the "fraudulent activities" Martinez engaged in. It also stated there was a nexus because Martinez "would not have received Oxycontin at all had she been forthright and had she not been engaging in fraudulent activities." The court reiterated that it was disingenuous for Martinez to expect payment after she had been deceitful and dishonest and that Dr. Dall "would not have prescribed the medication had he known all the circumstances." However, the court failed to explain what "fraudulent activities" it relied upon in imposing restitution, or how Martinez's statement admitted those "fraudulent activities."
The restitution order seems to rest on the assumption that although Martinez was entitled to some pain medication, she was not entitled to Oxycontin because of her "fraudulent activities." Apparently, the court based its restitution order on allegations that Martinez somehow fooled Dr. Dall into prescribing Oxycontin or excess Oxycontin. However, the State dropped the charges relating to such misrepresentation and fraud in exchange for her guilty plea. It appears that in order to create a "sufficient nexus," the court may have considered conduct beyond that which Martinez admitted.
Accordingly, "we remand this case to the trial court to conduct a restitution hearing in conformance with this opinion," State v. Mast, 2001 UT App 402, , 40 P.3d 1143, to identify and explain (1) the nature and extent of Martinez's admitted conduct, and (2) how that conduct "clearly establishes causality of the injury or damages" suffered by WCF. State v. Robinson, 860 P.2d at 983.
Norman H. Jackson, Presiding Judge
WE CONCUR:
Judith M. Billings, Associate Presiding Judge
William A. Thorne Jr., Judge
Page 1 2 Utah Employee Leasing Services
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