State v. Kuba

Constance Kuba appeals a judgment convicting her of welfare fraud and an order denying her motion for postconviction relief. The trial court placed Kuba on seven years' probation and required her to pay $8,310 restitution. Kuba argues that the rule prohibiting a court from extending the term of probation if the probationer lacks the capacity to make restitution should be expanded to forbid initially setting the probationary term based on the time needed to make restitution. We reject this argument and affirm the judgment and order.

Kuba argues that the trial court violated her constitutional…