Cases | State v. Guinard, 726 A.2d 88 | 2018
The defendant pled guilty to welfare fraud. The trial court placed the defendant on a five-year deferred sentence with condition that she pay $3,764 in restitution to the Department of Social Welfare. The defendant entered a restitution payment contract with her probation officer whereby she agreed to make monthly payments of $50. The defendant failed to make payments after paying nearly one-half of the restitution obligation, and the trial court revoked her deferred sentence. The defendant appealed. The court reversed the finding of violation of probation and remanded for a modification of the probation conditions to fit the present circumstances. No manner of performance was apparent from the court order. Vt. Stat. Ann. tit. 28, § 252 is clear and unambiguous that the court must determine manner of performance. The statute does not provide that the court may delegate manner of performance to the probation department. Though the court may delegate to the defendant’s probation officer in the first instance the task of determining the amount of installments as changing circumstances indicate. However, any disagreement over ability to pay must be decided by the court.