State v. Ray, 482 S.E.2d 755 (N.C. Ct. App. 1997)

Cases | : State v. Ray, 482 S.E.2d 755 (N.C. Ct. App. 1997) | 2018

The defendant was convicted of assault with a deadly weapon. The trial court recommended that the defendant pay restitution to Medicaid in the amount of $82,000 as a condition of post release supervision. On appeal, the defendant claimed that the recommendation was not supported by evidence and exceeded his ability to pay. The appellate court held that the defendant received a fair trial free from prejudicial error. The defendant did not object or challenge the amount or existence of payments by Medicaid. The trial court’s order was a recommendation to the secretary of the Department of Correction and the Parole Commission, rather than an order binding the defendant to pay restitution in the amount stated in the judgment. If the Department or Commission decided that the defendant should pay restitution as a condition of work release or parole, a determination of ability to pay would be made at that time.