State v. Alderson
Annotate this CaseIn 1996, Appellant was convicted of one count of felony murder and one count of aggravated battery. As part of Appellant’s sentence, the sentencing court ordered Appellant to pay restitution in the amount of $119,900. No restitution was ever collected from Appellant. In 2009, a private corporation sent Appellant a notice that he had outstanding court fines and that he had to pay $150,904 immediately. Appellant filed a pro se motion requesting release from the restitution order based on dormancy. The district court denied the motion on the grounds that Appellant’s restitution was not yet due, reasoning that restitution cannot be enforced against a defendant while the defendant is incarcerated. The Supreme Court affirmed but on different grounds, holding (1) the district court did not enter an enforceable restitution judgment when it sentenced Appellant; and (2) because there was no pending judgment ordering Appellant to pay restitution, the district court had no jurisdiction to release an obligation on his part.
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