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eBook details

• Title: Leger v. State
• Author : Supreme Court of the United States
• Release Date : January 30, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

The dispositive issue raised by this appeal is whether the trial court erred by imposing an illegal sentence requiring restitution in an indeterminate amount. The appellant, William Leger (Leger), also asserts error occurred when the trial court imposed restitution without making a specific finding that he had the ability to pay the restitution. We hold that the trial court did not err in failing to incorporate a specific finding Leger had the ability to pay restitution, but that a sentence requiring restitution as a condition of probation must "fix a reasonable amount as restitution owed to each victim for actual pecuniary damage * * * as a special finding in the judgment of conviction or in the order placing the defendant on probation under W.S. 7-13-301." Wyo. Stat. § 7-9-103(a) (Supp. 1992). The judgment and sentence is reversed, and the case is remanded to the trial court for the purpose of fixing a reasonable amount as restitution owed to the victim for actual pecuniary damage and for - Page 361 a special finding to that effect to be incorporated in the judgment and sentence.

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