State v. Corpi, 687 A.2d 792 (N.J. Super. Ct. App. Div. 1997)

Cases | State v. Corpi, 687 A.2d 792 (N.J. Super. Ct. App. Div. 1997) | 2018

A defendant who pled guilty to bad check counts was sentenced to prison and ordered to pay restitution. The defendant appealed, contending that the restitution order was erroneous because there was no finding of his ability to pay. The appellate court agreed and remanded the case, ordering that the sentence be modified to delete the restitution requirement. The appellate court determined that the trial court never complied with the statutory requirement under N.J. Code § 2C:44-2b, of ascertaining the defendant’s present or potential ability to pay restitution prior to sentencing.