State v. Canady, 570 S.E.2d 262 (N.C. Ct. App. 2002)

Cases | State v. Canady, 570 S.E.2d 262 (N.C. Ct. App. 2002) | 2018

The defendant pled guilty to taking indecent liberties with a minor and was ordered to pay $2000 for future treatment of the victims as a condition of probation. On appeal, the defendant claimed that the award should not be upheld because it was based on unsworn statements of the prosecutor. The appellate court affirmed the restitution award. The record contained other evidence to support the amount awarded. The fact that the trial court made allowance for the situation where the cost of treatment was less that $2000 supported the inference that the restitution was not punitive and thus met the requirements of N.C. Gen. Stat. § 15A-1343.