State v. Ferre

by
In 1993, Defendant pled guilty to three felony offenses in Cause No. 10893. Defendant’s resulting sentence required, among other things, that he pay restitution to his assault victim and pay the uninsured portion of his detox treatments. In 2012, Defendant was sentenced for probation violations stemming from an unrelated 2002 felony drug possession conviction. Since Defendant’s most recent incarceration, the Department of Corrections (DOC) had been garnishing Defendant’s prison wages and applying the garnished funds to his restitution obligation. In 2013, Defendant filed a motion to compel DOC to stop garnishing his account, claiming that he owed no further restitution because he had discharged his sentence in Cause No. 10893 in 2001. The district court denied Defendant’s motion. The Supreme Court affirmed, holding that Defendant’s restitution obligations did not extinguish at the time he discharged his prison sentence. View "State v. Ferre" on Justia Law