State v. Mucci, 594 S.E.2d 411 (N.C. Ct. App. 2004)

Cases | State v. Mucci, 594 S.E.2d 411 (N.C. Ct. App. 2004) | 2018

The defendant was convicted of felonious issuing of worthless checks. The defendant was placed on probation on condition that he pay $26,239.30 in restitution and complete twenty-four hours of community service per week for the duration of his probationary period. The defendant appealed. The appellate court remanded for a new sentencing hearing. The trial court failed to consider factors related to the defendant’s ability to pay the full amount of restitution. Further, in imposing both restitution and community service conditions on probation, the trial court failed to consider the defendant’s ability to comply with both conditions simultaneously as well as meeting his other obligations under the sentence of paying costs and fines. If the trial court decided to impose both conditions on remand, it was required to take into consideration the defendant’s ability to comply with the community service requirement while maintaining gainful employment to the extent necessary to make restitution payments and support his family.