State v. Hughes, 524 S.E.2d 63 (N.C. Ct. App. 1999)

Cases | State v. Hughes, 524 S.E.2d 63 (N.C. Ct. App. 1999) | 2018

The defendant pled guilty to conspiracy, obtaining property by false pretense, and aiding and abetting corporate malfeasance. The defendant was sentenced on the third count to an active term of imprisonment and ordered to pay restitution in the amount of $550,283.75. On appeal, the defendant claimed the trial court may not lawfully order restitution when an active prison sentence has been imposed. The appellate court held that the trial court did not have authority to order the defendant to pay restitution in the amount of $550,283.75 in the judgment on the third count. The trial court was authorized only to recommend that the defendant pay restitution as a condition of work release or post-release supervision.