from the Order Entered August 31, 2016 In the Court of Common
Pleas of Cumberland County Criminal Division at No(s):
BEFORE: BOWES, J., DUBOW, J., and FITZGERALD, J.
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.
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.
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.
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
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. 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.
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 ...