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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: December 17, 2001

Defendant Ricco Jones entered pleas of guilty to various counts of four separate indictments. The sentencing judge imposed an aggregate custodial term of five years. One of the charges for which he was sentenced involved the theft of a motor vehicle. Another charge involved receiving stolen property, a motor vehicle. At a separate restitution hearing, defendant was ordered to pay restitution to the victims for their insurance deductibles, and was also ordered to make restitution to the victims’ insurance carriers for damages to the motor vehicles. Defendant appealed. Because his appeal was limited strictly to the sentence, it was placed on our excessive sentence calendar and listed for oral argument without briefs. R. 2:9-11. The panel determined that the matter was not ready for disposition at oral argument without briefs and ordered briefing of the sole issue raised on appeal, restitution. Specifically, defendant contends that “N.J.S.A. 2C:43-2.1[,] which imposes mandatory restitution to be paid to the ‘owners’ of stolen cars[,] cannot . . . be used to impose mandatory restitution to insurance companies without regard to the defendant’s ability to pay restitution.”

 
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