Criminal Law – Sentencing, restitution: Rollins v. Commonwealth (COA 9/4/2009)

Rollins v. Commonwealth
2008-CA-000074 9/4/09 2009 WL 2834831 Released for pub.

Opinion by Judge Wine; Judge Moore and Senior Judge Henry concurred. The Court reversed an order of the circuit court setting restitution and an order overruling a motion to reconsider the order, entered after appellant had served out his sentence entered pursuant to a plea agreement that included language stating that appellant had agreed to pay restitution.

The Court held that the trial court lacked jurisdiction to order restitution when no verified petition was filed within the 90 days required by KRS 431.200, the only statute dealing with post-sentencing orders of restitution. The Court further held that RCr 10.10 was inapplicable as the failure to set the restitution amount in the final judgment was not a clerical error but rather was one of substance when the judge and the Commonwealth mistakenly believed that the court could order restitution without specifying an amount and that the amount could be supplemented at any point in the future.

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