Nezi v. State

Karen S. Nezi appeals her sentence for organized fraud. She contends that the court violated her equal protection rights by imposing a harsher sentence on her solely because she could not pay a large part of the restitution. We agree and reverse for resentencing.

Nezi was charged with organized fraud of $50,000 or more, a first-degree felony. She entered an open guilty plea to the court and agreed with the State that $70,000 was owed as restitution. During the plea colloquy, Nezi acknowledged that the court could impose a sentence of up to thirty years in prison. The court accepted her plea,…