Smith's Criminal Case Compendium
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State v. Williams, ___ N.C. App. ___, 829 S.E.2d 518 (Jun. 4, 2019)
In this embezzlement case, the trial court did not err by ordering the defendant to pay restitution. On 13 February 2017, the defendant and the victim entered into a settlement agreement resolving civil claims arising from the defendant’s conduct. The agreement obligated the defendant to pay the victim $13,500 and contained a release cause. Subsequently, the defendant was charged by information with embezzlement. She subsequently entered an Alford plea. As part of a plea arrangement, the State agreed, in part, to a probationary sentence to allow the defendant to make restitution payments. Both parties agreed that the trial court would hold a hearing to determine the amount of restitution. At the restitution hearing, the defendant asserted that she did not owe restitution because the release clause in the civil settlement agreement discharged her obligation. The trial court determined $41,204.85 was owed. The trial court credited the defendant for paying $13,500 under the civil agreement and set the balance of restitution at the difference. The defendant appealed, arguing that the trial court erred by ordering her to pay criminal restitution where the settlement agreement contained a binding release cause. Noting that the issue was one of first impression, the court held that the release clause in the civil settlement agreement does not bar imposition of criminal restitution.