Cases | State v. Benoit, 313 A.2d 387 | 2018
The defendant was convicted of welfare fraud and ordered to pay $2943 in restitution as a condition of probation. On appeal, the defendant claimed that the order was in excess of the maximum penalty provided by law. The court reversed and remanded to trial court, holding that it was required to determine whether the defendant was able to pay the amount of restitution. Such a decision could only be made upon presentation of evidence before the court. Manner of performance, which could include a lump sum payment or installment payments depending on facts of the case, was also dependent on evidence presented to the trial court.