Cases | State v. Leach, 833 A.2d 1260 | 2018
The defendant pled guilty in April 2001 to one count of attempting to elude a police officer and was granted a six-month deferred sentence on condition that the sentence could be extended to allow him to pay restitution if ordered. In July 2001, the trial court found that the State suffered $4,370.23 in damages. The court further found that the defendant had the ability to pay restitution in the future but not at present, and ordered the case set for proceedings in six months. The trial court later scheduled a restitution hearing for February 2002 and denied the defendant’s motion to dismiss. On appeal, the defendant claimed that the trial court lacked jurisdiction because it failed to order restitution within the original probation term. The court held that the trial court retained jurisdiction over the defendant and properly denied his motion to reconsider his motion to dismiss. The defendant did not agree to a fixed term of probation with the expectation that he would be free at its expiration. Instead, the defendant was clearly informed that his sentence could be extended to allow time to pay restitution. The court’s order triggered the conditional provision in the defendant’s agreement and extended his probation until payment of restitution.