State v. Charles
Annotate this CaseAfter a jury trial, Appellant was convicted of eight of nine counts each of aggravated burglary and misdemeanor theft. The sentencing judge ordered Appellant to pay restitution “as contained within the presentence report,” and the presentence report indicated that restitution for one of the victims was “to be determined.” Three weeks later, the court entered a restitution order that (1) set the amount for the victim at $1,192, and (2) included restitution for the victim on the charges that led to acquittal. The court of appeals panel affirmed Appellant’s convictions and sentence but vacated the restitution order for the victim named in the charges that led to the acquittals. The Supreme Court affirmed except for vacating the district court’s order of $1,192 in restitution, holding that the judge lacked subject matter jurisdiction to enter the order for additional restitution.
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