E.J. v. State

E.J., a juvenile, appeals an order imposing restitution following his plea of guilty to first-degree misdemeanor battery. Because of the absence of proof regarding E.J.’s present or future ability to pay the restitution, we reverse.

At the restitution hearing, the State presented medical bills in excess of $20,000. There was no evidence establishing the juvenile’s present or future ability to pay that amount. The court found the juvenile did not have the present ability to pay. However, the court orally set the restitution amount at $21,474 and retained jurisdiction to review ability to pay…