State v. Hart

Defendant appeals a judgment convicting and sentencing her for aggravated theft in the first degree. The trial court sentenced defendant to 12 months in prison and two years of post-prison supervision and ordered that she pay $95,328.76 in restitution over a period of two years. Defendant does not challenge her conviction but contends that the trial court erred in ordering payment of restitution without first determining her ability to pay the full amount. The state contends that there need not be a determination that defendant has the ability to pay the full amount of restitution ordered…