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.