State v. Atwell (Signed Opinion)
Annotate this CasePetitioner pleaded guilty to nighttime burglary by way of entering without breaking and grand larceny. As part of his sentence, Petitioner was ordered to pay restitution in the amount of $50,013 to the victim of his crimes. Petitioner subsequently filed a motion to reconsideration of sentence requesting a reduction in the amount of restitution he was ordered to pay, arguing that the circuit court abused its discretion in determining the amount of restitution without the presentation of evidence of the victim’s loss at the sentencing hearing and without determining Petitioner’s ability to pay restitution. The circuit court denied the motion. The Supreme Court reversed and remanded for a hearing on the issue of restitution, holding that the circuit court did not consider all of the pertinent circumstances in determining the practicality of an award of full restitution.
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