Commonwealth v. Morseman
Annotate this CaseAppellee pled guilty to fraudulent insurance acts by complicity. Pursuant to a plea agreement, the circuit court sentenced Appellee to a five-year probated sentence and ordered restitution to Amica Mutual Insurance Company in the amount of $48,597 - the full amount distributed by Amica after Appellee's house burned down. The court of appeals vacated the order of restitution and remanded to the trial court to make specific findings of the monetary damages suffered as a result of the insurance fraud, without regard to the proceeds distributed as a result of the property damage or alternate housing and living expenses. The Supreme Court reversed, holding (1) a trial court is authorized to order restitution for damages not suffered as a direct result of the criminal acts for which the defendant has been convicted when, as part of a plea agreement, the defendant freely and voluntarily agrees to the restitution condition; and (2) therefore, the trial court did not abuse its discretion when it ordered Appellee to reimburse Amica for the entire $48, 597.
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