Fields v. Commonwealth, 123 S.W.3d 914 (Ky. Ct. App. 2003)

Cases | Fields v. Commonwealth, 123 S.W.3d 914 (Ky. Ct. App. 2003) | 2018

The defendant unlawfully entered the premises of his employer and stole various items including a handgun, merchandise, and tools. The defendant pled guilty to third-degree burglary and receiving stolen property. The Commonwealth did not supply a list of alleged losses until shortly before sentencing. The list included employee claims never before mentioned. The trial court denied the defendant’s request for an opportunity to cross examine the employees and ordered $140,000 in restitution. On appeal, the defendant claimed that the award was excessive and that the trial court erred by denying him a meaningful opportunity to challenge the amount of losses. The appellate court vacated the portion of the judgment ordering restitution and remanded for additional proceedings. The trial court’s failure to give the defendant adequate notice of the claims against him and an opportunity to controvert them plainly was an abuse of discretion. The record reflected no factual basis but mere allegations for the amount of restitution. Aside from the handgun, no item allegedly stolen was specified, and there was no indication of how any item was valued.