State v. Tutor

CADY, Judge.

• This appeal requires us to determine if the sentencing court properly set the amount of victim restitution to be paid by the defendant in a welfare fraud case. We reverse the sentencing court and remand for further hearing on restitution.

From August 1987 through April 1992, Robin Tutor obtained public assistance in the form of aid to dependent children payments (ADC), food stamps, and Title XIX medical benefits for herself and two of her children, Samantha and Ryan. Prior to receiving the benefits, and again shortly after Ryan was born, Robin signed and submitted affidavits to…