State v. Wells, 598 N.W.2d 30 (Neb. 1999)

Cases | State v. Wells, 598 N.W.2d 30 (Neb. 1999) | 2018

Defendant was convicted of three counts of criminal mischief and ordered to pay $88,867.12 in restitution.  The trial court sentenced defendant to incarceration and ordered him to pay restitution “forthwith.”  The supreme court found that the record was void of the trial court’s meaningful consideration of defendant’s ability to pay restitution and to pay it “forthwith,” meaning immediately.  Nothing in the record indicated how defendant’s farm, which appeared to be his main source of income, would operate or produce income during his incarceration.  The plain language of Neb. Rev. Stat. § 29-2281 and case law required appropriate sworn documentation in the record of both actual damages sustained by the victim and the defendant’s ability to pay restitution.  The supreme court vacated the trial court’s restitution order and remanded to trial court for proceedings consistent with the opinion and factors articulated in § 29-2281.