In THE INTEREST OF W.Y, II, a Child
CourtCourt of Appeals of Georgia
Date FiledOctober 13, 2026
DocketA26A1990
StatusPublished
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Full Opinion
FIRST DIVISION
BARNES, P. J.,
MARKLE and HODGES, JJ.
NOTICE: Motions for reconsideration must be
received no later than 4:30 pm on the 10th day after
the decision was issued to be deemed timely filed.
https://www.gaappeals.gov/rules
October 13, 2026
In the Court of Appeals of Georgia
A26A1990. IN THE INTEREST OF W. Y., II, a child.
HODGES, Judge.
W. Y., II, was adjudicated delinquent of theft by receiving a motor vehicle,
fleeing or attempting to elude a police officer, possession of a handgun by a person
under 18, and obstruction of a law enforcement officer, and he was placed on
probation. Following a restitution hearing, W. Y. was ordered to pay $19,752.00 in
restitution to the victim. W. Y. appeals the restitution award, asserting that the State
failed to meet its burden of proving the value of the items by a preponderance of the
evidence, the evidence was insufficient to determine the amount of restitution, and
the trial court erred by admitting hearsay evidence regarding estimated damages and
loss of personal property values. The State acknowledges that it failed to establish the
vehicle’s fair market value prior to the damage and that the trial court improperly
overruled W. Y.’s objection to inadmissible hearsay regarding the victim’s testimony
about estimated damages and loss of personal property values.
In a case involving an automobile, “even when the cost to repair the vehicle is
used as a measure of damages, evidence of the fair market value of the vehicle before
it was damaged is required to determine whether the cost of repairs exceeded the
vehicle’s value.” Truss v. State, 373 Ga. App. 856, 858 (910 SE2d 339) (2024). Where
the restitution evidence is insufficient to sustain the award, “we have consistently
remanded the case for a new restitution hearing.” Id. Based on the foregoing, this
Court hereby vacates the trial court’s restitution award and remands the case to the
trial court for a new restitution hearing.
Judgment vacated and case remanded. Barnes, P. J., and Markle, J., concur.
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