Commonwealth v. Flashburg

Opinion by

Price, J.,

Although, a relatively simple set of facts precipitated this appeal, its resolution has immersed us in a deluge of statutory ambiguity. The issue, quite simply stated, is whether the lower court, indeed any court, had the power between June 6, 1973 and March 30, 1975 to order this appellant, or any criminal defendant, to make restitution as part of a Judgment of Sentence. We hold that there was no such power during that time interval, and, therefore, will reverse.

On December 6, 1973, the appellant, using the name Charles R. Winkler, rented a car from a car-rental agency…