McEwan v. State

The Supreme Court vacated certain portions of the order of the district court fixing restitution after Defendant pleaded no contest to obtaining welfare benefits by misrepresentation.Following Defendant’s no-contest plea, the district court fixed restitution at $18,733. Defendant filed a motion requesting that the district court find she was unable to pay the restitution. After a hearing, the district court issued an order that fixed the amount of Defendant’s restitution at $18,733 but did not require Defendant to pay it, finding that she lacked the ability to do so. Nevertheless, the district court allowed the State to reduce $18,733 to a civil judgment. The Supreme Court held (1) because the district court did not order restitution, it erred as a matter of law when it allowed the State to reduce $18,733 to a civil judgment; and (2) the district court erred as a matter of law by failing either to order restitution or specifically find that there exists no reasonable probability that Defendant will be able to pay restitution in the future. View "McEwan v. State" on Justia Law