Legal Opinion
Commonwealth v. Ferguson
Supreme Court of Pennsylvania
Decided December 19, 1988No. 00565, 00566PublishedCited by 27 opinions
1Opinion of the Court
KELLY, Judge:
The Commonwealth appeals from judgments of sentence imposed upon appellees, Gordon and Blanche Ferguson, following the acceptance of their guilty pleas to welfare fraud violations. The Commonwealth contends that the sentences imposed were illegal in that the trial court failed to impose a restitution order as mandated by 62 Pa.S.A. § 481(c). We agree that restitution is mandatory rather than discretionary in such cases; and therefore, vacate judgment of sentence and remand for resentencing.
FACTS AND PROCEDURAL HISTORY
Between May 1984 and October of 1986, appellees, Gordon and…
2Cases cited35 opinions
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Bearden v. GeorgiaSupreme Court of the United States · 1983
- Tate v. ShortSupreme Court of the United States · 1971
- Wyman v. JamesSupreme Court of the United States · 1971
- Bowen v. RoySupreme Court of the United States · 1986
30 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Commonwealth v. MenezesSuperior Court of Pennsylvania · 2005
- Commonwealth v. WoodSuperior Court of Pennsylvania · 1994
- Commonwealth v. RedmondSupreme Court of Pennsylvania · 1990
- Oberneder v. Link Computer Corp.Superior Court of Pennsylvania · 1996
- Grove North America, Division of Kidde Industries, Inc. v. Arrow Lift & Construction Equipment Co.Superior Court of Pennsylvania · 1992
22 more not listed; retrieve them via the Exa API.