BG was convicted of first degree assault and first degree robbery. He did some significant damage to a guys face, causing significant vision loss in an eye. The Court ordered 21K in restitution. Six months later, the restitution was amended and dropped by about $500. After the order, treatment accrued and the crime victims fund ended up paying over $46 grand, and the State (907 days after sentencing) amended the restitution to reflect that.
The statute governing restitution states that the hearing can’t be continued more than 180 days without good cause. The statute also includes this little provisio:
The portion of the sentence concerning restitution may be modified as to amount, terms, and conditions during any period of time the offender remains under the court’s jurisdiction, regardless of the expiration of the offender’s term of community supervision and regardless of the statutory maximum sentence for the crime.
Gonzales argued “amount” was ambiguous as to whether it meant amount of payment or amount of restitution. Given that the statute already has a payment modification clause…argument fail!
Sorry Busta (you knew there was a reason I was including the first name).
