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State v. Mooers 2017 UT 36 (June 27, 2017)

Jun 27, 2017

The Utah Supreme Court held that an order of complete restitution as part of a plea in abeyance was a final, appealable order and the court of appeals had jurisdiction to hear such an appeal.  The court emphasized the difference between a complete order of restitution and court-ordered restitution, the former being the entire amount necessary for complete restitution, and the latter taking into account the defendant’s circumstances and ability to pay.  The court stated that a court must make separate determinations for the two kinds of restitution, and that to merge them into one order constitutes error.