Commonwealth v. McMichaelAnnotate this Case
The Supreme Court affirmed the decision of the court of appeals reversing the trial court's judgment ordering McMichael to pay $62,493 in restitution jointly and severally with his co-defendant after he pled guilty to theft by unlawful taking over $500 but less than $10,000, holding that there was insufficient evidence to support the restitution award.
Defendant's conviction stemmed from Defendant and his co-defendant removing several pieces of stainless-steel siding from an old diner and selling them for $155.81. In reversing, the court of appeals concluded that there was insufficient evidence to support the restitution amount. The Supreme Court affirmed, holding that there was no evidence as to the diner's worth at the time of the theft, the diner's worth after the theft, or the value of the recovered stainless-steel, the case must be remanded for a retrial on restitution.