Commonwealth v. Kinnan

OPINION BY

MUSMANNO, J.:

Ruston L. Kinnan (“Kinnan”) appeals from the judgment of sentence 'imposed after he pled guilty to theft by unlawful taking, 18 Pa.C.S.A. § 3921(a). 1 At issue in this appeal is whether the restitution component imposed as a condition of Kinnan’s probation is illegal. Finding that it is, we vacate the judgment of sentence and remand for resentencing.

Prior to the theft in question, Kinnan was an employee of Miller Welding Company (“Miller Welding”), located in Brook-ville, Pennsylvania. On the evening of April 26, 2012, Casey Belfiore (“Belfiore’’), a Miller Welding…