State v. Covel

The Supreme Court reversed the portion of Defendant’s sentence regarding restitution but affirmed the district court’s decisions revoking Defendant’s deferred judgment and probation and sentencing him to serve a maximum of twenty-five years in prison, holding that the court erred in finding Defendant reasonably able to pay restitution when it did not have the total amount of restitution owed.Specifically, the Court held (1) the district court did not abuse its discretion in revoking Defendant’s deferred judgment and probation; (2) the district court did not err in ordering Defendant to serve the twenty-five-year sentence he would have served had the court not granted a deferred judgment; but (3) the court erred in ordering Defendant to pay restitution without knowing the total amount of restitution owed. View "State v. Covel" on Justia Law