State v. Webb

(Ret.), Specially Assigned. Defendant was convicted of driving while under the influence and, as a condition of probation, was ordered to pay restitution to the owners of a vehicle and a residence damaged by his conduct. Included in the order of restitution was a requirement that defendant pay $1,680 to the Co-operative Fire Association of Vermont, which had insured the residence. Defendant appeals this portion of the order. We agree with defendant’s position and vacate the part of the order appealed from.

At issue are two statutes which authorize the payment of restitution as a condition of…