Criminal Law: Financial Exploitation of Disabled Person-Concurrent Sentences-Restitution

Defendant was convicted of financial exploitation of a disabled person and Medicaid fraud after she deposited a client’s funds into her operating account rather than a trust account and purchased personal items. On appeal, defendant argued that the trial court erred in sentencing her to concurrent terms and exceeded its authority by ordering restitution.

Where Missouri law did not permit a disposition of restitution alongside a sentence of imprisonment absent statutory authorization, the trial court erred in sentencing defendant to both imprisonment and restitution.

Judgment is vacated in part and remanded.

State v. Halter (MLW No. 72748/Case No. ED105698 – 6 pages) (Missouri Court of Appeals, Eastern District, per curiam) Appealed from Circuit Court, St. Francois County