♤ A bench trial ensued in the Gilbert Municipal Court. Matykiewicz was charged with contracting without a license, class a one misdemeanor. The victims were unhappy with the progress and quality of the work performed, so they contacted the Registrar of Contractors, where they learned that neither Matykiewicz nor MLM was licensed as a contractor. Matykiewicz personally endorsed the victims checks. Over the course of the next ten months, the victims paid $52,784.22 to MLM and did not pay anyone else who worked on the job. Work began, and although Matykiewicz personally performed some of the work, most of it was done by individuals under Matykiewicz s supervision. 2 FACTS AND PROCEDURAL HISTORY ♣ Through a business known as MLM Construction Services ( MLM ), Matykiewicz made a series of written proposals to construct a swimming pool and make numerous other improvements to the victims Gilbert home. Concluding that our supreme court meant what it said in Wilkinson, and heeding that court s caution not to consider succeeding causal events and, therefore, consequences that do not flow directly from the unlicensed contractor s criminal conduct, we accept jurisdiction and grant relief. 27, 30-31, ¶ 16, 39 P.3d 1131, 1134-35 (2002), in which the Arizona Supreme Court determined on the basis of Arizona statutory law that the loss the victims suffered that was subject to restitution consisted of the money they paid to an unlicensed contractor because that was the loss directly caused by the criminal conduct. ♢ In support of its argument, Petitioner relies on State v. The Town of Gilbert Prosecutor s Office ( Petitioner ) filed a petition for special action, arguing that the superior court erred in vacating the restitution order because the full amount of the payments the victims made to Matykiewicz constitute economic loss for restitution purposes. On appeal, the superior court vacated the restitution order and remanded for the municipal court to determine the victims economic loss. Butler Attorney for Real Party in Interest Phoenix W I N T H R O P, Judge ♡ After a bench trial, the Gilbert Municipal Court found Mitchell Michael Matykiewicz guilty of contracting without a license and awarded restitution to the homeowners/victims, as required by Arizona s restitution statutes, for the full amount of the payments they made to Matykiewicz. Boode, Assistant Town Prosecutor Attorneys for Petitioner Gilbert Robert A. Arouh, Gilbert Town Prosecutor By Denise E. Downie, Judge JURISDICTION ACCEPTED RELIEF GRANTED Lynn R. ) _) TOWN OF GILBERT PROSECUTOR S OFFICE, 1 CA-SA 07-0078 DEPARTMENT D OPINION FILED 7-24-07 Appeal from the Superior Court in Maricopa County Cause No. 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. Fixed: Issue where pop up windows in the User-Guided Extraction could eat up some memory even after closed.IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE ) ) ) Petitioner, ) ) ) v.Improved: Saving and restoring downloads. Improved: Overall performance during downloads has been optimized.Improved: DASH Stream parsing - subtitles in DASH Streams are now supported.Fixed: Issues with certain WebVTT subtitles.Changed: Second-generation web view is no longer an experimental feature and is used on macOS 11 or later.The menu has been improved to contain more actions.
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