In re: A.B.
148 A.3d 371
| Md. Ct. Spec. App. | 2016Background
- Appellant A.B., a 15-year-old juvenile, admitted involvement in a second-degree assault that fractured the victim’s nose and jaw; plea resolved juvenile petition.
- State sought $19,470 in restitution for medical expenses and lost wages, to be split among three respondents; court ultimately ordered A.B. to pay $6,491.33 (one-third).
- Restitution hearing elicited evidence of A.B.’s financial situation: no employment history, no bank accounts, lives with aunt/grandmother who provide support; family gross income $35,000–$49,999; receives modest food stamps.
- Social History and a psychological evaluation documented A.B.’s school performance, reading disorder, and that employment would be age-appropriate and rehabilitative.
- Trial court placed A.B. on indefinite probation, ordered restitution (no payment schedule), and the juvenile court retained jurisdiction until A.B. turned 21; A.B. appealed, arguing the court failed to inquire into his ability to pay.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| Whether trial court erred by failing to inquire into A.B.’s ability to pay restitution | Court did not make any inquiry into A.B.’s ability to pay before ordering restitution | Argument not preserved; alternatively, the record contained sufficient evidence of A.B.’s inability-to-pay factors so the order was not an abuse of discretion | No error: court considered evidence of ability to pay (elicited through counsel and witnesses); restitution order affirmed |
Key Cases Cited
- Robey v. State, 397 Md. 449 (restitution in juvenile system is rehabilitative)
- In re Don Mc., 344 Md. 194 (ability to pay is a relevant factor for restitution)
- In re Earl F., 208 Md. App. 269 (juvenile restitution should not overshadow rehabilitation)
- In re Delric H., 150 Md. App. 234 (standard of review and restitution principles)
- Brecker v. State, 304 Md. 36 (preservation requirement for challenging restitution on appeal)
- North v. North, 102 Md. App. 1 (abuse-of-discretion standard description)
- Coles v. State, 290 Md. 296 (no requirement that trial judge personally examine finances to preserve issue)
- In re Levon A., 124 Md. App. 103 (importance of ability to pay without mandating who elicits evidence)
