344 P.3d 284
Wyo.2015Background
- Shafer was charged with three counts of welfare fraud for falsely reporting she lived with her mother, making her and her children eligible for benefits when she actually lived with her children’s father.
- Plea agreement: Shafer pleaded guilty to one count (Medicaid); other counts were dismissed; sentence of 3–8 years suspended for 10 years probation if PSI recommended probation.
- Plea agreement and sentencing contemplated restitution of $90,722.79 (total benefits received for food stamps, child care, Medicaid); Shafer preserved the right to argue inability to pay at sentencing.
- At sentencing, defense requested reduction because Shafer’s historical earnings were low, she lacked training, and roughly $41,822 of benefits went to her boyfriend’s child (not her children) — suggesting the State could pursue the boyfriend civilly.
- The district court found Shafer enjoyed a comfortable lifestyle, attributed conduct to greed, declined to reduce restitution, ruled she was not unable to pay, and ordered $90,722.79 payable over ten years.
- Shafer appealed, arguing the restitution order was unreasonable given her financial condition and that the State could have pursued the boyfriend for the portion benefiting his child.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion ordering Shafer to pay $90,722.79 restitution | Shafer: she cannot reasonably pay that amount; nearly half went to boyfriend's child and the State could have pursued him | State/District Court: statutes require restitution unless court finds no ability to pay; record did not show Shafer had no ability to pay and she had assets and employability | Court affirmed—no abuse of discretion; district court reasonably declined to find Shafer unable to pay and properly ordered restitution over ten years |
Key Cases Cited
- Solis v. State, 245 P.3d 323 (Wyo. 2010) (standard that restitution is required absent specific finding defendant cannot pay)
- Frederick v. State, 151 P.3d 1136 (Wyo. 2007) (abuse-of-discretion review of restitution orders)
- Alcaraz v. State, 44 P.3d 68 (Wyo. 2002) (restitution review principles)
- Moore v. State, 313 P.3d 505 (Wyo. 2013) (abuse-of-discretion definition)
- Smith v. State, 286 P.3d 429 (Wyo. 2012) (statutory source and limits of court’s restitution authority)
- Glover v. State, 169 P.3d 553 (Wyo. 2007) (court must make specific finding only when determining defendant cannot pay)
- Nixon v. State, 4 P.3d 864 (Wyo. 2000) (sentencing court required to order restitution unless it finds defendant unable to pay)