State v. Fernandez

¶ 1. This case is before the court on certification from the court of appeals pursuant to Wis. Stat. § 809.61 (2005-06).1 The court of appeals asks us whether State v. Loutsch, 2003 WI App *60216, ¶ 25, 259 Wis. 2d 901, 656 N.W.2d 781 (Ct. App. 2002), correctly interprets the criminal restitution statute2 when it states that a court may order only as much restitution as a defendant has the ability to pay within the term of the sentence.3

¶ 2. On the question involving restitution ordered during a sentence or probation term, we hold that the statute, when read as a whole, clearly permits a circuit…