Scott Alan Pete v. State of Maryland, 384 Md. 47

Summary

The Court of Appeals of Maryland held that restitution to the Local Government Insurance Trust for damage to a police cruiser was an illegal sentence and could not be imposed as a condition of probation for Pete’s second-degree assault conviction. The court concluded that restitution was unavailable for the reckless-driving conviction because that offense was not punishable by confinement, and the cruiser damage was not a direct result of the assault. The court vacated the restitution order and corresponding probation condition.

Holdings

1. The restitution order requiring Pete to pay $6,490.53 to the Local Government Insurance Trust was an illegal sentence and could not be imposed as a condition of probation for the second-degree assault conviction because the cruiser damage was not a direct result of that assault, and reckless driving was not a crime punishable by confinement for which restitution could be ordered directly under the applicable statute.

Questions Presented

1. Whether the trial court could order restitution for damage caused by reckless driving as a condition of probation imposed for an unrelated second-degree assault conviction.

Disposition

reversed_and_remanded