Commonwealth v. Atanasio

OPINION BY

PANELLA, J.,

¶ 1 Appellant, Christopher Le Atanasio, appeals from the judgment of sentence entered on March 10, 2009, in the Court of Common Pleas, Snyder County. After careful review, we vacate the trial court’s order of restitution and remand.

¶ 2 We note at the outset that this appeal raises a single issue of whether the trial court erred when it placed the burden of proving a challenge to a claim for restitution on the Appellant. We conclude that because the trial court impermissibly shifted the Commonwealth’s burden of proving an entitlement to restitution, due process…