Commonwealth v. Facer, 669 A.2d 385 (Pa. Super. Ct. 1995)

Cases | Commonwealth v. Facer, 669 A.2d 385 (Pa. Super. Ct. 1995) | 2018

After pleading guilty to forgery, theft by deception, and receiving stolen property, the defendant was placed on probation for 12 months and ordered to make restitution in an amount to be determined by the Centre County Probation Office. Roughly one year later, the trial court entered an order discharging the defendant from probation, despite the fact that no restitution amount had ever been fixed or paid. Approximately 21 months later, a restitution hearing was held, and the court set the amount of restitution at $2,688.95. The defendant refused to sign a payment contract, agree to a payment plan, or make any payment toward the amount of restitution. Thereafter, she was found in indirect criminal contempt. On appeal, the court agreed with the defendant that, once the trial court discharged the defendant from probation, it lacked jurisdiction to enter any other order. Since the Commonwealth did not petition the trial court to reconsider its discharge order, or take an appeal from the order, the defendant was discharged from the jurisdiction of the criminal justice system.