Commonwealth v. DiNardo

Following the Pennsylvania Supreme Court’s decision in Commonwealth v. Ford that courts must consider a defendant’s ability to pay a fine at sentencing, it was unclear whether that ruling also applied to fines with mandatory minimums. In the this case, the statute set forth a floor for the fine of $50 per offense, but the court imposed a higher amount without considering her ability to pay. That should have rendered the fine illegal because, even if the court had to impose at least $50, it was also obligated to consider her ability to pay any amount in excess of $50. The Superior Court unfortunately dismissed the appeal because Ms. DiNardo’s lawyer filed the appeal one day late. The court therefore never reached the merits of the issue.