Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Commonwealth v. Zrncic

Superior Court of Pennsylvania

July 12, 2017

COMMONWEALTH OF PENNSYLVANIA
v.
MICHAEL DAVID ZRNCIC, APPELLANT

         Appeal from the Order Entered August 31, 2016 In the Court of Common Pleas of Cumberland County Criminal Division at No(s): CP-21-CR-0002531-2008

          BEFORE: BOWES, J., DUBOW, J., and FITZGERALD, J. [*]

          OPINION

          DUBOW, J.

         Appellant, Michael David Zrncic, appeals from the August 31, 2016 Order entered in the Cumberland County Court of Common Pleas directing Appellant to pay restitution in the amount of $1, 527.26 to the Victims Compensation Assistance Program and $1, 038.77 to his minor victim's mother. On appeal, Appellant challenges the restitution that the trial court awarded to the victim's mother, averring that there is an insufficient nexus between the loss claimed and the charge to which he pled guilty. For the reasons that follow, we are constrained to vacate the portion of the Restitution Order awarding $1, 038.77 to the victim's mother.

         We briefly summarize the relevant facts and procedural history of the instant case, as gleaned from the record, as follows. During a two-month period in 2008, Appellant had an unlawful sexual relationship with a 15-year-old female student at the karate school that he owned. Appellant's inappropriate contact with his victim occurred both in person and electronically, and included, inter alia, having the victim perform oral sex on him.

         Police arrested Appellant and charged him with one count each of Involuntary Deviate Sexual Intercourse ("IDSI") and Unlawful Contact with a Minor, two counts each of Aggravated Indecent Assault and Corruption of Minors, and three counts of Indecent Assault. As part of their investigation, police seized the victim's laptop, which the Commonwealth avers contains "direct evidence" that Appellant committed the offense of Unlawful Contact with a Minor. Trial Court Opinion, dated 8/31/16, at 3.

         On January 8, 2009, Appellant entered into a negotiated guilty plea to one consolidated count of Aggravated Indecent Assault and the Commonwealth nolle prossed the remaining charges, including Unlawful Contact with a Minor. The parties did not include restitution in the terms of the plea agreement, and restitution became the subject of considerable dispute.[1]

         Eventually, on August 31, 2016, the trial court ordered Appellant to pay restitution totaling $1, 527.26 to the Victims Compensation Assistance Program and $1, 038.77 to the victim's mother.[2] The sum owed to the victim's mother represents the amount she paid to replace her daughter's laptop. The police had seized the laptop as evidence as part of their investigation into the charge of Unlawful Contact with a Minor.

         Appellant filed a timely notice of appeal and Appellant and the trial court both complied with Pa.R.A.P. 1925.

On appeal, Appellant raises three issues:
1. Whether the trial court erred in ordering [] Appellant to pay restitution for a laptop computer which did not represent damages to a person or property related to the charge to which [Appellant] pled guilty and was sentenced?
2. Whether the trial court erred in ordering [] Appellant to pay restitution for a laptop computer purchased by the victim's mother when the computer was not damaged and the victim's mother did not demand the return of the computer from the police after it had been analyzed?
3. Whether the trial court erred in directing [] Appellant to pay restitution for antivirus software and for an extended maintenance plan for a laptop computer which the victim's mother purchased as a replacement for one turned over ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.