STATE v. HAYES

No. 9318SC299.

437 S.E.2d 717 (1993)

113 N.C. App. 172

STATE of North Carolina v. Wesley Royal HAYES, II.

Court of Appeals of North Carolina.

December 21, 1993.


Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Asst. Atty. Gen. Floyd M. Lewis, Raleigh, for State.

Harrison, North, Cooke & Landreth by A. Wayland Cooke, Greensboro, for defendant appellant.


ARNOLD, Chief Judge.

The defendant here presents two valid assignments of error. He contends that the trial court erred in failing to consider, or ignoring, his financial resources in ordering restitution. The defendant further contends that the trial court erred in setting restitution greater than he can pay.

N.C.Gen.Stat. § 15A-1343(d) (1988), which governs when restitution is a condition of probation, reads in pertinent part as follows:

(d...

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