Hagler v. State
Hagler v. State
Opinion
Walter Hagler, Jr., was adjudicated a youthful offender on a charge of assault in the third degree. He was given a suspended sentence of six months' imprisonment and was ordered to pay restitution in the amount of $5,467.75.
On appeal, the appellant argues 1) that the trial court's order of restitution did not contain the trial court's "findings and the underlying facts and circumstances thereof," as *Page 1191
required by Ala. Code 1975, §
Although no specific form of objection is required,Childers v. State,
Moreover, even had the issue been preserved for review, we find claims 2), 3), and 4) to be without substantive merit.
Regarding claim 2) the trial court ordered the appellant to pay restitution "to the victim's mother in the amount of $1,280.00, and to the Wal-Mart Group Health Plan in the amount of $4187.75." C.R. 18. The trial court properly concluded that the Wal-Mart Group Health Plan was a "victim" of the appellant's "wrongful conduct."
At the restitution hearing, the victim's mother testified that "as a result of [her] son suffering these injuries in this incident," she had incurred medical and hospital bills, of which her "insurance paid off 80%," and that her insurance company was the "Wal-Mart Good Health Plan." R. 47, 48, 53.
We hold that an insurance company that contributes to the payment of medical or hospital expenses incurred by the victim as a result of a defendant's wrongful conduct may be a "victim" within the context of the statutory provisions for restitution in Alabama. A "victim" is statutorily defined as "[a]ny person whom the court determines has suffered a direct or indirect pecuniary damage as a result of the defendant's criminal activities." Ala. Code 1975, §
With regard to claim 3), the victim's mother testified as to the medical expenses she had incurred on behalf of her son. The actual medical and hospital bills were not introduced into evidence, although it appears that they were available at the restitution hearing. We conclude that the mother's testimony alone, without the introduction of the actual medical and hospital bills, provided a sufficient basis for the trial court to determine the reasonableness of the claimed expenses. Cf. Harris v. State,
At the appellant's trial, there was disputed evidence as to who was the initial aggressor in this case. This conflicting evidence presented a question of credibility for the trial judge as the trier of fact. Here, the findings of the trial judge are not "manifestly contrary to the great weight of the evidence." See Morrison v. State,
The judgment of the circuit court is affirmed.
AFFIRMED.
All Judges concur. *Page 1192
Reference
- Full Case Name
- Walter Hagler, Jr. v. State.
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- Published