Commonwealth v. Valent

WATKINS, Judge:

This is an appeal from a restitution order in a burglary case. Under Commonwealth v. Fuqua, 267 Pa.Superior Ct. 504, 407 A.2d 24 (1979), the court imposing restitution must be sure that the amount awarded does not exceed the defendant’s ability to pay. Concluding that the record below does not support the award made, we vacate and remand this matter for a full hearing on appellant’s ability to pay, including his ability to acquire work, inter alia, as a model.

The appellant and his brother, Michael Valent, were arrested for the June 20, 1979 burglary of a home in Levittown,…