State v. MooersAnnotate this Case
An order of complete restitution that is part of a plea in abeyance is a final order for purposes of appeal.
The two underlying cases in this appeal both turned on the same issue regarding whether orders of restitution that were part of pleas in abeyance were final orders appealable as of right. In the first case, the court of appeals determined that the order of restitution was not appealable. In the second case, the court of appeals concluded that it was bound by the holding in the first case. Both appeals were dismissed for lack of jurisdiction. The Supreme Court reversed the decisions of the court of appeals in both cases, holding that the court of appeals had jurisdiction over Defendants’ appeals because the district court’s restitution orders for both Defendants were orders of complete restitution rather than court-ordered restitution. The court remanded the cases to the court of appeals to consider the merits of Defendants’ appeals.