Thompson v. State

OPINION

MANNHEIMER, Judge.

Under AS 12.55.045(f), when a sentencing court intends to order a defendant to pay more than $5000 in restitution, and when the defendant is going to serve at least 90 days in prison, the defendant is entitled to ask the court to reduce the restitution obligation. The statute declares that it is the defendant’s burden to show, by clear and convincing evidence, that they are unable to pay the amount of restitution proposed. This appeal raises the question of how a sentencing court should assess a defendant’s ability to pay the proposed amount of restitution when the…