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KAYS v. STATE

No. 42A05-1007-CR-504.

945 N.E.2d 806 (2011)

Rebecca D. KAYS, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

April 21, 2011.

Attorney(s) appearing for the Case

Cara Schaefer Wieneke, Wieneke Law Office, P.C., Indianapolis, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, James E. Porter, Deputy Attorney General, Indianapolis, IN, for Attorneys for Appellee.

OPINION

MAY, Judge.

Rebecca Kays appeals an order that she pay restitution as part of her probation for Class B misdemeanor battery. She argues the trial court violated Ind.Code § 35-38-2-2.3(a)(5) by ordering her to pay restitution without inquiring into her ability to pay and by failing to establish the manner and time of payment. The trial court did not inquire adequately into Kays' ability to pay. Neither was there any evidence Kays had income other...

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