Wednesday, February 19, 2014

KYCOA - Jones - Restitution held open

Thomas Jones v. Commonwealth, 2012-CA-001827 [NOT TO BE PUBLISHED] 

Thomas Jones pled guilty to sexual contact with a then fifteen year old girl.  A result of this contact was that the girl contracted herpes.  The trial court, when ordering restitution, attempted to “hold open” the restitution order, and allow the girl to petition the court for additional restitution if her circumstances changed.  The Kentucky Court of Appeals held that this violated KRS 532.033 because it was not a “set and definite amount.”   

John Landon represented Mr. Jones on Appeal; Margot Merrill preserved this issue in the trial court.

Practice tip: Object and appeal when a trial court allows a victim to petition for more restitution in the future

Contributed by Karen Maurer