Thursday, November 6, 2008

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. ROBERT EDWARD LEBARRE

COMMONWEALTH OF PENNSYLVANIA v. ROBERT EDWARD LEBARRE
No. 2452 EDA 2007 2008 PA Super 264 Atlantic: 961 A.2d 176 Filed: 11/6/2008

Appeal from the Judgment of Sentence April 17, 2007
In the Court of Common Pleas of Lehigh County
Criminal No. CP-39-CR-0003312-2006
Before: FORD ELLIOTT, PJ, ALLEN and KELLY, JJ.
Opinion by: KELLY, J.
This appeal is from the judgment of sentence entered in the Lehigh County Court of Common Pleas following Appellant’s guilty plea to charges of homicide by vehicle while driving under the influence, homicide by vehicle, driving under the influence of alcohol, and recklessly endangering another person. Appellant contends that the trial court, pursuant to 18 Pa.C.S.A § 1106, may not award restitution to the estate of a decedent/victim for amounts owed by the estate as reimbursement to the Department of Public Welfare. Because the estate stands in the shoes of the victim in such cases, we find that the award of restitution to the estate is permitted by the statute. Accordingly, we affirm.
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