State v. Forbes
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The Supreme Court dismissed Defendant's appeal of the circuit court's final judgment in this criminal case, holding that Defendant's appeal was untimely.
After a jury trial, Defendant was found guilty of financial exploitation of an elderly person by undue influence. The circuit court sentenced her to ten years in prison and ordered her to pay restitution as a condition of parole. The circuit court dismissed Defendant's appeal. Thereafter, the circuit court set the amount of restitution and purported to resentence her to fifteen years in prison plus $26,118.51 in restitution. The Supreme Court dismissed Defendant's appeal, holding that Defendant's notice of appeal was untimely. However, the Supreme Court remanded the case with directions for the circuit court to vacate the second judgment and sentence, holding that when the circuit court orally sentenced Defendant to ten years in prison, it exhausted its jurisdiction to withdraw Defendant's sentence, resentence her, or add restitution to the judgment.
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