Commonwealth v. Kelly

OPINION BY

KLEIN, J.:

¶ 1 David Fitzgerald Kelly appeals from the judgment of sentence entered in the Court of Common Pleas of Franklin County. Essentially, Kelly claims that it was improper to order restitution for damage to a truck that was broken into when all he was convicted of was receiving stolen property of items taken from inside the truck and there was no evidence that he was the one who broke into the truck. Under Pennsylvania law, while it is improper to order restitution for damage from a crime for which a defendant is not convicted, it is proper to order payment of the costs of…