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TOWN OF GILBERT PROSECUTOR'S OFFICE v. DOWNIE

No. CV-07-0300-PR.

189 P.3d 393 (2008)

TOWN OF GILBERT PROSECUTOR'S OFFICE, Petitioner, v. The Honorable Margaret H. DOWNIE, Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF MARICOPA, Respondent Judge, Mitchell Michael Matykiewicz, Real Party in Interest.

Supreme Court of Arizona, En Banc.

August 4, 2008.

Attorney(s) appearing for the Case

Lynn R. Arouh, Gilbert Town Prosecutor By Denise E. Boode, Assistant Town Prosecutor, Gilbert, Attorneys for Town of Gilbert Prosecutor's Office.

Law Offices of Michael J. Dew By Michael J. Dew, Phoenix, Attorneys for Mitchell Michael Matykiewicz.

Caron L.B. Close, Scottsdale City Prosecutor By Anna C. Johnston, Assistant City Prosecutor, Scottsdale, Attorneys for Amicus Curiae City of Scottsdale.

Aaron J. Carreon-Ainsa, Phoenix City Prosecutor By Rebecca M. Gore, Assistant City Prosecutor, Phoenix, Attorneys for Amicus Curiae City of Phoenix.

OPINION

BERCH, Vice Chief Justice.

¶ 1 We have been asked to decide whether the amount of restitution to be paid by a defendant convicted of contracting without a license may be reduced by any value conferred on the homeowner. We hold that such a reduction is appropriate.

I. FACTS AND PROCEDURAL HISTORY

¶ 2 In January 2005, Richard and Felicita Rada hired Mitchell Matykiewicz to perform remodeling work on their home in Gilbert...

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