Commonwealth v. Yanoff, 690 A.2d 260 (Pa. Super. Ct. 1997)

Cases | Commonwealth v. Yanoff, 690 A.2d 260 (Pa. Super. Ct. 1997) | 2018

The defendant was convicted by a jury of third-degree murder and aggravated assault. As part of his sentence, the defendant was ordered to make restitution to the parents of the victim in the amount of $6,396.00 for funeral expenses incurred, and to the Bureau of Laboratory and Communication Services (Bureau) in the amount of $1,607.15. The defendant appealed. The Superior Court of Pennsylvania affirmed as to all issues, with the exception of the restitution order pertaining to the Bureau. The court noted that governmental agencies of the Commonwealth are excluded from the definition of “person,” and cannot be considered a victim under the statute permitting restitution. With respect to the remaining issues pertaining to restitution, the court concluded that, since the defendant had a long employment history, which established his ability to acquire employment, along with his spouse’s ability to secure a nursing position, the restitution award was not excessive. Furthermore, the restitution award was not speculative, as it equaled the amount of expenses the victim’s parents incurred to provide funeral services for the victim.