People v. Hart, 536 N.W.2d 605 (Mich. Ct. App. 1995)

Cases | People v. Hart, 536 N.W.2d 605 (Mich. Ct. App. 1995) | 2018

The defendant pled guilty to a charge of violating the builder’s trust fund act and was ordered to pay $5739.54 in equal monthly installments during the term of probation. On appeal, the defendant claimed that: (1) there was no basis in fact to support the order; and (2) the trial court erred in ordering restitution without making a determination of his ability to pay. The appellate court held that: (1) the amount the defendant was ordered to pay was in accord with the plea agreement and was not set arbitrarily. The defendant specifically agreed to restitution by entering into the plea agreement. The restitution award was supported adequately by the victim impact statement as well as the presentence investigation report. The defendant never challenged the accuracy of the presentence investigation report at sentencing, and, in fact stated that it was correct. Finally, the defendant neither offered evidence to support any other figure or requested a hearing regarding the issue; and (2) the trial court properly considered the express and implied terms of the defendant’s restitution agreement, including his earning ability, financial resources, financial needs, and the financial need of his dependents. The defendant’s ambiguous assertions of inability to pay did not rebut the strong presumption of financial ability created by his entering a plea agreement to pay restitution.