State v. Harrison

McCORMICK, Justice.

We must determine here whether a sentencing court has discretion to order less than full restitution for court costs and court-appointed attorney fees. The trial court believed full restitution is mandatory. Because we find that a sentencing court is required to consider the offender’s ability to make the payments, we vacate the restitution order and remand for determination of the amount with consideration of defendant’s reasonable ability to pay the amount ordered.

Defendant Edward Green Harrison was charged and convicted by jury in 1983 for second degree robbery. At…