District Court, Salt Lake Department The Honorable Vernice S.
Trease No. 101901272.
J. Kittrell and Kristina H. Ruedas, Attorneys for Appellant
D. Reyes and Kris C. Leonard, Attorneys for Appellee
Stephen L. Roth authored this Opinion, in which Judges
Gregory K. Orme and Michele M. Christiansen concurred.
Jason Michael Speed appeals the district court's denial
of his motion for relief from judgment and his request for a
restitution hearing. We affirm.
In February 2010, Speed was charged with one count of theft
by deception, a second degree felony. See Utah Code
Ann. §§ 76-6-405, -412 (LexisNexis 2012). The
information alleged that in his role as a supervisor at an
"outsource service center for Verizon Wireless, "
Speed discounted "high-end" phones to nothing, had
them sent to his address, and then resold them for his own
profit. The information indicated that the "amount
discounted on the phones" Speed disposed of in this
way was $123, 153.
Speed pleaded guilty to one count of third degree felony
theft by deception in August 2010. Before sentencing, the
court ordered a presentence investigation report (PSI). The
PSI included a recommendation that Speed be placed on
probation for thirty-six months and pay restitution. The PSI
specified $126, 547 as the amount of restitution, a figure
which Speed's employer told Adult Probation and Parole
(AP&P) was the value of the cell phones Speed had taken
In an October 2010 hearing, Speed was sentenced to an
indeterminate prison term of zero to five years, which the
court suspended. He was placed on probation for thirty-six
months and was ordered to comply with certain conditions of
probation, including paying restitution.
During the sentencing hearing, defense counsel addressed the
court regarding the amount of restitution. He asserted that
Speed had "taken full responsibility" for what he
had done and had even "gotten two jobs . . . in
anticipation of having a large financial obligation related
to this case." Speed admitted, however, that as of the
date of the hearing, he had set aside nothing to pay for
restitution and had instead "been trying to catch up on
previous debt." Counsel stated that Speed was
"still a little bit in question as to whether or not
that full [restitution] amount was attributable to him,
" and that even though Speed unlawfully appropriated
many phones, the restitution amount recommended by AP&P
represented "the full retail value of these phones,
" which was an amount counsel asserted "almost
nobody ever pays."
The sentencing court expressed concern "that [Speed had]
done nothing to address the issue of restitution that exceeds
$126, 000." The court was particularly troubled that
Speed had made no effort at repayment when he was "more
responsible, by far, than any of [his] co-defendants,
" given that "[t]en, 15 times . . .
more restitution" was attributable to him. During the
sentencing portion of the hearing, the court ordered Speed to
serve a prison term of zero to five years but suspended all
but the time already served and ordered him to complete
thirty-six months of probation supervised by AP&P. After
setting forth a number of terms of Speed's probation, the
court concluded, "Pay restitution in the amount of $126,
547." The court advised defense counsel that it would
"let [him] approach later" about restitution but
explained to Speed,
I want to get this on rather than deferring it. I want you to
make monthly payments every single month toward the
restitution. I will let you work with AP&P towards that,
but I want them to immediately start getting reimbursed for
their losses . . . . I really expect you to make significant
advances towards dealing with this enormous restitution, that
you need to make your victim whole.
Defense counsel then stated that he had spoken with the State
"about having a restitution hearing to determine what
court-ordered and total restitution would be." Following
this remark, an exchange between defense counsel and the
THE COURT: Well, get closer. If there are disputes[, ] I set
a lot of these restitution hearings because it's murky.
So what I want you to do is file a motion for restitution.
[DEFENSE COUNSEL]: Okay.
THE COURT: And with some specifics about what I can look at
before we get to the restitution hearing-
[DEFENSE COUNSEL]: Right.
THE COURT:-and nobody knows anything.
[DEFENSE COUNSEL]: Yeah. I think-it's not a complicated-I
don't think it's going to be a complicated hearing.
The only issue is really addressing his availability to pay
and those resources he has available to pay this whole
THE COURT: Well, let's get all of that documentation
[DEFENSE COUNSEL]: Okay.
THE COURT: I will set it for hearing.
[DEFENSE COUNSEL]: Okay. And, Your Honor, how long do we have
to file that ...