McEwan v. State, 419 P.3d 881

In 2010 McEwan pleaded no contest to one felony count of obtaining welfare by misrepresentation; the district court fixed restitution at $18,733.
McEwan moved for a finding of inability to pay, presenting evidence of disability, fixed income, and a recent Chapter 7 discharge; the State offered no evidence rebutting present inability to pay but noted possible future ability.
At a hearing the court orally found McEwan presently unable to pay but said it would "allow the State to reduce that to a civil judgment" if circumstances changed; the written order fixed the restitution amount and found inability to pay but did not include the civil-judgment language.
Wyoming statute authorizes execution of an order for restitution as a civil judgment, but only if an order for restitution exists. The court must either order restitution or make specific findings that the defendant lacks present and future ability to pay.
McEwan appealed the oral pronouncement permitting reduction to a civil judgment and the court’s failure to make the required future-ability finding.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court could allow the State to reduce $18,733 to a civil judgment	McEwan: court exceeded statutory authority because it did not issue an order for restitution, so no civil judgment could be entered	State: statute requires restitution; remand to enter an order that can be executed as a civil judgment	Court: vacated the civil-judgment permission — execution as civil judgment requires a prior order for restitution; allowing reduction was legal error
Whether the court had to find no reasonable probability of future ability to pay before declining to order restitution	McEwan: court failed to make the required specific finding about future inability to pay	State: court was required to order restitution (argues against findings)	Court: statute requires either an order for restitution or specific findings that defendant lacks present and future ability to pay; court erred by not making the future-ability finding

Pinker v. State, 188 P.3d 571 (Wyo. 2008) (statutory interpretation of restitution authority reviewed de novo)
Aldridge v. State, 956 P.2d 341 (Wyo. 1998) (restitution review limited to procedural error or clear abuse of discretion)
Shafer v. State, 344 P.3d 284 (Wyo. 2015) (absent express future-inability finding, district court must order restitution)
Smiley v. State, 417 P.3d 174 (Wyo. 2018) (statutory requirements for restitution findings reaffirmed)
Britton v. State, 211 P.3d 514 (Wyo. 2009) (an unambiguous oral pronouncement controls over a contrary written order)