State v. Barrett
In State v. Barrett, 177 Ariz. 46, 864 P.2d 1078 (App. 1993), the defendant pled guilty to fraudulent schemes and artifices after he purchased a vehicle with a bad check. 177 Ariz. at 46-47, 864 P.2d at 1078-79.
The trial court entered a restitution award based upon the dealership manager's testimony that, because the vehicle was returned to the dealership after the release of a new edition of the Kelly Blue Book, the dealership had lost an amount of profit it would have realized had the vehicle legitimately sold prior to that release. Id. at 47, 864 P.2d at 1079.
After holding that this purported lost profit margin was consequential damages, this Court went on to point out that there was no evidence to support the amount of the award. Id. at 48, 864 P.2d at 1080.
This was because there was no evidence of the amount the victim had paid for the vehicle, the time and amount for which the vehicle sold, or the actual Blue Book value of the vehicle. Id. at 48-49, 864 P.2d at 1080-81.