Link to the full text of the opinion.
SUMMARY: McKee successfully challenged his conviction for burglary, conspiracy to commit burglary and theft by unlawful taking, with the Superior Court holding that the evidence was insufficient for a conviction. The Commonwealth did not pursue a further appeal. McKee filed a motion asking that he be reimbursed for court costs, fees and the monies he had paid in restitution. The trial court found that it did not have jurisdiction over this motion and this appeal by McKee followed.
The Superior Court has the power to review restitution in the same way it reviews the legality of the sentence: with discretion to the trial court unless there has been an error of law committed by the trial court.
The trial court argued that it was bound by Section 5505 of the PA Judicial Code, which allows modification of an order issued by the trial court only within 30 days of issuance, if no appeal has been undertaken. The trial court looked to an Idaho Supreme Court case in which the trial court did not have jurisdiction over the return of restitution. The Superior Court rejected the guidance of the Idaho case, and suggested that Section 5505 is not controlling in this situation.
The Superior Court found that while there was no Pennsylvania case on point, similar cases had shown that the trial court could order the return of restitution paid to an ineligible recipient or restitution that had been subject to an illegal order of open-ended restitution. Also, the Pennsylvania Supreme Court had held that Section 1106(c)(3) of the Crimes Code "authorizes a sentencing court to modify restitution orders at any time provided the court states its reasons as a matter of record" (Opinion at p.5), and the Rules of Appellate Procedure allowed the trial court to do so as soon as the Commonwealth decided not to appeal the Superior Court's decision in the criminal case.
RESULT: Remanded to trial court with instructions to repay McKee and follow 1106(c)(3) (McKee succeeds), 3-0.
JUDGES: Panella, Ott, and Strassburger, JJ.
Read the full opinion by Panella, J. here.