P. v. Nieuwendaal CA2/4
Defendant David Nieuwendaal pled no contest to stalking victim S.B., violating a protective order S.B. obtained against him, and burning down the home S.B. rented. The court sentenced him to an agreed term of five years, four months, and ordered him to pay approximately $120,000 in restitution to S.B. and the owner of the rental home.
This appeal concerns only a $35,000 portion of the restitution award to S.B. for her lost income. Defendant contends S.B. should not have been awarded any restitution for lost income because she failed to prove that his conduct proximately caused her loss. In the alternative, he argues the trial court erroneously calculated S.B.’s lost income using gross rather than net numbers. We find no abuse of discretion and affirm the award.
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