The Appellate Group

State v. Keith

State v. Keith, 2026 UT App 51 (Christiansen Forster, J.)

Criminal Law

The Utah Court of Appeals held:

(1) The district court did not err in applying the restitution statute or prior legal precedent in determining retail amount can be an acceptable measure of restitution.
(2) The court did not abuse its discretion in determining that the contract amount was an appropriate measure of restitution on the particular facts of the case.

Practice tip:

While restitution awards generally should not include speculative lost profits or hypothetical future sales, anticipated retail profits are recoverable as actual economic loss when they are established with sufficient certainty by a signed and enforceable contract.

Read the full court opinion

by The Appellate Group

2026, Q1

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