Commonwealth v. O'Bryan, 97 S.W.3d 454 (Ky. Ct. App. 2003)

Cases | Commonwealth v. O'Bryan, 97 S.W.3d 454 (Ky. Ct. App. 2003) | 2018

The Commonwealth appealed from an amended order entered by the trial court that relieved the defendant from having to pay restitution in connection with his conviction for unauthorized use of a motor vehicle and receiving stolen property. The trial court stated that it lacked authority to order restitution when imprisonment was imposed. The appellate court held that the language of Ky. Rev. Stat. Ann. § 532.032 required the trial court to order payment of restitution to the named victim even if imprisonment was also ordered. To hold otherwise would be unreasonable and would not give effect to the legislative intent of requiring a defendant to pay restitution to the victim. The appellate court reversed the amended order and reinstated the final judgment and sentence of imprisonment.