Opinion
11-CR-449
10-17-2013
STATE OF MAINE, v. CHRISTOPHER KAKLEGIAN, Defendant
ORDER
This matter was heard on October 10, 2013, on the State's Motion for Probation Revocation. Assistant District Attorney Tracy DeVoll represented the State. Attorney Kevin Sullivan represented the Defendant.
Through its motion, the State contends that Defendant violated the terms of his probation by failing to pay the restitution that was ordered as a condition of Defendant's probation. Defendant maintains that the State has not demonstrated that he "inexcusably failed to comply" with the probation condition. 17-A M.R.S. § 1206(6) (2012).
The hearing revealed that on August 9, 2011, upon a conviction for Aggravated Criminal Mischief, the Court sentenced Defendant to 4 years to the Department of Corrections with all but 120 days suspended, and placed Defendant on 2 years of probation. As a condition of probation, the Court ordered that Defendant shall "pay restitution in the maximum amount of $7, 100 ... on a schedule set by ... your probation officer ..." Probation subsequently established at least three schedules for Defendant's restitution payments pursuant to which schedules Defendant was to pay either $25 or $50 each month. Defendant has paid between $790 and $845 in restitution.
17-A MRS. § 1206(6) (2012) provides that "[i]f the alleged violation does not constitute a crime and the court finds by a preponderance of the evidence that the person has inexcusably failed to comply with a requirement imposed as a condition of probation, it may revoke probation." While Defendant did not make every payment in accordance with the schedules established by probation, Defendant would not have satisfied the restitution obligation ($7, 100) in full even if Defendant made every scheduled payment.
In this case, the State has not established that Defendant "inexcusably failed" to pay the restitution. Given Defendant's limited resources, the Court cannot conclude that Defendant could have satisfied his restitution obligation as of the date of the hearing on the State's motion. Accordingly, the Court denies the State's Motion for Probation Revocation.
The Clerk shall incorporate this Order into the docket by reference.