State v. Cleveland
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The Supreme Court reversed Defendant’s convictions and sentences imposed for three felony counts, holding that the district court erred in ordering certain restitution and that the court’s written judgment did not conform to its oral pronouncement of sentence.
Defendant pled guilty to attempted burglary and two counts of burglary. The district court awarded restitution to several individuals and entities, including Amusement Services and Payment Alliance. The Supreme Court reversed in part, holding (1) the district court erred imposing the restitution award to Amusement Services and Payment Alliance because the losses were not supported by affidavit or testimony of the actual victims; (2) the district court’s written judgment did not reflect its oral pronouncement of sentence; and (3) the matter must be remand for the district court to impose only one technology fee rather than a fee per count.
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