Pearson v. State

RUCKER, Justice.

When a trial court orders restitution either as a condition of probation or as a condition of a suspended sentence, it is required to inquire into the defendant’s ability to pay. Although the trial court did not make such an inquiry in this case, we nonetheless affirm its judgment because the defendant did not raise his inability to pay restitution as an issue on appeal.

Facts

Between January 1, 1997, and December 31, 2000, Jeffrey R. Pearson served as a police officer with the East Chicago Police Department. He was also a member of the Fraternal Order of Police Lodge # 59 and…