State v. Eubanks
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The Supreme Court affirmed in part and reversed in part the judgment of the court of appeals affirming and remanding this criminal case with directions, holding that there was no error in the district court's award of restitution.
Defendant pleaded no contest to attempted theft. The district court sentenced him to ten months in prison and ordered him to pay restitution to the two victims of his crimes as a condition of his postrelease. Defendant appealed his sentence. The court of appeals affirmed the restitution order but remanded for the issuance of a new journal entry clarifying that the payment of restitution was a condition of postrelease supervision. The Supreme Court reversed the remand order and otherwise affirmed, holding that the panel erred in deciding to remand for a nunc pro tunc order and that there was no error in the court of appeals' decision affirming the district court's restitution order.
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