Commonwealth v. Colon, 708 A.2d 1279 (Pa. Super. Ct. 1998)

Cases | Commonwealth v. Colon, 708 A.2d 1279 (Pa. Super. Ct. 1998) | 2018

The defendant entered a plea of nolo contendere to one count of driving under the influence. At sentencing, the trial court relied upon the mandatory restitution section of the Sentencing Code to determine that the victim was entitled to full restitution, including restitution to his insurer, without regard to the defendant’s ability to pay. The appellate court affirmed, finding that the Sentencing Code applied to sentences of intermediate punishment, and that the victim’s insurer was a victim for purposes of § 9721(c) of the Sentencing Code. Finally, the court found that later amendments to the Sentencing Code indicated a clear legislative intent that a defendant be required to compensate the victim for “the damage or injury he sustained,” and that only upon default was the defendant’s ability to pay to be considered. The trial court did not err in requiring the defendant to pay full restitution.