State v. Smith, 704 A.2d 73 (N.J. Super. Ct. App. Div. 1997)

Cases | State v. Smith, 704 A.2d 73 (N.J. Super. Ct. App. Div. 1997) | 2018

The defendant pleaded guilty to attempted murder and first degree robbery; as part of the sentence, the defendant was ordered to pay $54,681.96 in restitution to the victim. On appeal, the defendant alleged that the trial court erred by ordering restitution without first determining his ability to pay restitution. The superior court held that the trial court was required to conduct a hearing concerning the defendant’s ability to pay restitution. The restitution order was reversed and remanded for a hearing concerning the defendant’s ability to pay restitution.