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IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 32111 STATE OF IDAHO, Plaintiff-Respondent, v. DAWN LENORE SCHULTZ, Defendant-Appellant. ) ) ) ) ) ) ) ) ) )

2008 Opinion No. 100 Filed: December 15, 2008 Stephen W. Kenyon, Clerk

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Cheri C. Copsey, District Judge. Order of restitution, affirmed as modified, and case remanded. Molly J. Huskey, State Appellate Public Defender; Eric D. Fredericksen, Deputy Appellate Public Defender, Boise, for appellant. Eric D. Fredericksen argued. Hon. Lawrence G. Wasden, Attorney General; Ann Wilkinson, Deputy Attorney General, Boise, for respondent. Ann Wilkinson argued. ______________________________________________ SCHWARTZMAN, Judge Pro Tem Dawn Lenore Schultz appeals from the district court's order of restitution following her convictions for two counts of grand theft and four counts of forgery after a jury trial. She contests certain amounts of restitution to the victim as awarded by the district court. We affirm as modified and remand for entry of a corrected order of restitution. I. FACTS AND PROCEDURE The victim in this case, Audrey Shayne, hired Schultz as her personal assistant. Schultz's duties included opening mail, identifying bills, filling out checks on Shayne's checking account for those bills, obtaining her signature and remitting the payments. On occasion, Schultz would also, at the victim's direction, order goods for Shayne online using one or more of Shayne's credit cards, would buy goods using Shayne's checking account debit card and would withdraw cash for Shayne using her checking account ATM card. After unauthorized transactions were 1

detected, Schultz was charged with two counts of grand theft and four counts of forgery for filling out checks to herself and signing Shayne's name to the checks. Schultz was convicted on all six counts. Thereafter the state sought restitution, and after two hearings on the matter, the district court ordered Schultz to pay a total of $21,985.28 in restitution. II. ANALYSIS Schultz contends that approximately $2,500 of the restitution amount was awarded in error in contravention of the restitution statute. 1 The vast majority of Schultz's complaints relate to the count of grand theft by unauthorized control, Idaho Code

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