Ability to pay

A defendant’s ability to pay restitution

Defendant pleaded guilty to assault, and the trial court ordered him to complete a one (1) year residential treatment program and to pay restitution within one (1) year.  The Minnesota Court of Appeals noted that the trial court’s order prevented it from reviewing whether it acted within its discretion to order restitution because the order was unclear how defendant, who was unemployed and homeless, could pay restitution within a deadline that coincided with the end of his residential treatment.  Reversed and remanded.

State v. Clark, A18-0739, Hennepin County.

Criminal Defense Attorney Lynne Torgerson was not attorney of record in this case.

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