State v. Davenport
Annotate this CaseDefendant pleaded guilty to theft by deception and aggravated forgery. Defendant’s crimes arose from her wrongful procurement of public benefits through material misrepresentations. Defendant was sentenced to two years in prison and ordered to pay restitution to the Department of Health and Human Services in the amount of $15,224. Defendant appealed, challenging the sentencing court’s finding that Defendant was not incapable of paying the ordered restitution. The Supreme Judicial Court dismissed the appeal, holding that because Defendant challenged only the propriety, and not the legality, of the sentence of restitution, the appeal must be dismissed for failure to raise any illegality that was apparent on the face of the record.
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