Commonwealth v. Moran, 675 A.2d 1269 (Pa. Super. Ct. 1996)

Cases | Commonwealth v. Moran, 675 A.2d 1269 (Pa. Super. Ct. 1996) | 2018

The defendant was convicted of possession of marijuana and sentenced to pay $543.99 in restitution to the Centre County District Attorney’s Office. The defendant filed a post-sentence motion, arguing that the order of restitution was improper since the jury had acquitted him of the charge underlying the restitution order (driving under the influence of marijuana), and since he did not have the necessary financial resources to pay the restitution amount. The sentencing court disagreed with the defendant, and denied his motion to modify his sentence. The defendant appealed. The Superior Court of Pennsylvania found that, while the restitution order was intended to compensate the district attorney’s office for expenditures associated with the prosecution, the defendant was acquitted of the charge for which the expenditures were incurred. The court vacated the portion of the sentence that imposed restitution in the amount of $543.99.