Commonwealth v. Smith, 699 A.2d 1303 (Pa. Super. Ct. 1997)

Cases | Commonwealth v. Smith, 699 A.2d 1303 (Pa. Super. Ct. 1997) | 2018

The defendant entered a plea of nolo contendere to a charge of resisting arrest and was ordered to pay $6,203.67 in restitution to the Allentown Police Department. The defendant moved for reconsideration, and the sentence’s restitution portion was vacated. Thereafter, the trial court ordered that the restitution be paid instead to the City of Allentown (“the City”). The defendant appealed, arguing that the City fully compensated the victim voluntarily or pursuant to a contractual obligation. The Superior Court of Pennsylvania affirmed the judgment of sentence, concluding that the trial court considered the purposes of the restitution provisions, and properly ordered restitution to the City in accordance with those provisions. In upholding the restitution order, the purposes of restitution were served in this case. Mainly, the defendant would recognize and take responsibility for the police officer’s losses and injuries that resulted from the defendant’s criminal conduct. The City would be reimbursed for the expenses it incurred when it compensated the police officer for his losses.