State v. Cloutier
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The Supreme Court affirmed the decision of the court of appeals affirming the restitution order issued by the district court in Defendant's criminal case, holding that Minn. Stat. 611A.045, subd. 3(a) imposes no burden on the State to prove a defendant's income, resources, and obligations.
Defendant pleaded guilty to second-degree unintentional felony murder. As part of his sentence, the district court ordered him to pay $7,500 in restitution for the victim's funeral expenses. Defendant filed a motion to relieve his restitution obligation, arguing that under section 611A.045, subd.1(a)(2) a district court is required to consider the defendant's income, resources, and obligations. The district court denied the motion. The court of appeals affirmed, concluding that the State does not bear the burden of producing evidence of or proving a defendant's ability to pay restitution. The Supreme Court affirmed, holding that the State's statutory burden under Minn. Stat. 611A.045, subd.3(a) does not require the State to prove that the defendant is able to pay restitution based on his or her income, resources, and obligations.
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