Bell v. State
Annotate this CaseAfter a bench trial, Defendant was found guilty of Class B misdemeanor criminal mischief. After sentencing, the trial court held a separate hearing to determine the amount of restitution Defendant owed. The court ultimately concluded that Defendant owed $932 in restitution and that Defendant had the ability to pay in monthly installments of approximately $80. The restitution was ordered as a condition of Defendant’s probation. Defendant appealed the restitution order, arguing that it exceeded what he was able to pay in violation of Ind. Code 35-38-2-2.3(a)(6). The Supreme Court vacated the ordered restitution, holding that the restitution order was an abuse of discretion because the evidence was insufficient to conclude that Defendant had the ability to pay.
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