State v. Foley

Scott Foley appeals an order under sec. 973.09(l)(b), Stats., requiring him to make restitution as a condition of probation upon conviction of two counts of theft by contractor, contrary to sec. 779.02(5) and 943.20(l)(b), Stats. Section 973.09(l)(b) provides:

If the court places the person on probation, the court shall require restitution designed to compensate the victim’s pecuniary loss resulting from the crime to the extent possible, unless the court finds there is substantial reason not to order restitution as a condition of probation. ...

The trial court entered an order requiring Foley…