PEARSON v. STATE

No. 45S03-0712-CR-574.

883 N.E.2d 770 (2008)

Jeffrey PEARSON, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

March 27, 2008.


Attorney(s) appearing for the Case

Charles E. Stewart, Jr., Appellate Public Defender, Crown Point, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Ellen H. Meilaender, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


On Petition To Transfer from the Indiana Court of Appeals, No. 45A03-0610-CR-507.

RUCKER, Justice.

When a trial court orders restitution either as a condition of probation or as a condition of a suspended sentence, it is required to inquire into the defendant's ability to pay. Although the trial court did not make such an inquiry in this case, we nonetheless affirm its judgment because the defendant did not raise his inability to pay restitution as an issue...

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