Commonwealth v. VallejoAnnotate this Case
The Supreme Judicial Court vacated so much of the trial judge’s order as required payment of restitution after Defendant admitted to facts sufficient for a finding of guilty of operating a motor vehicle while under the influence of intoxicating liquor and remanded the case for further proceedings.
After Defendant admitted to the above facts, her operator’s license was suspended and she received a continuance with a finding for one year with probationary conditions, including payment of $140 in restitution. On appeal, Defendant argued that the judge erred in finding that she had an ability to pay restitution. The Supreme Judicial Court vacated the order of restitution and remanded for reconsideration of the question of restitution because the judge’s findings did not indicate that the judge sufficiently considered, as required, the matter of the financial resources of Defendant.