Commonwealth v. Dohner, 725 A.2d 822 (Pa. Super. Ct. 1999)

Cases | Commonwealth v. Dohner, 725 A.2d 822 (Pa. Super. Ct. 1999) | 2018

A jury found the defendant guilty of theft by deception as a misdemeanor of the third degree, which involved a finding that the amount stolen was less than $50. At sentencing, the defendant was ordered, among other things, to pay the costs of her prosecution and a fine of $200. Furthermore, the court imposed a specific condition of the defendant’s probation that she make restitution in the amount of $2,000. On appeal, the court concluded that when an order to pay restitution is supported by the record, the sentencing court may exceed the jury’s damage determination that was made for the purpose of grading the offense. In this case, the Commonwealth presented a handwritten statement signed by the defendant, admitting that she was responsible for stealing approximately $2,000 from the restaurant where she worked as an assistant manager. Furthermore, the defendant authorized, in writing, the restaurant to withhold up to $2,000 in payment of her debt. The Commonwealth also presented this authorization at trial. Since the record supported the order for restitution, the appellate court affirmed the order.