Cynthia Bell v. State of Indiana

DAVID, Justice.

Indiana Code § 35-38-2-2.3(a)(6) allows a trial court to order a defendant to pay restitution to a victim as a condition of probation, but the defendant’s ability to pay must be considered before the order to pay restitution is entered. In the present case, we find that the trial court abused its discretion because the evidence before the court was insufficient to conclude defendant had the ability to pay. As such, the ordered restitution is vacated.

Facts and Procedural History

On August 4, 2014, Cynthia Bell arrived at the home of Falencia Kirkland at 4:30 a.m. and began…