Whitten v. State

This is an appeal from two orders granting restitution. The trial court entered the two restitution orders when the defendant was not present due to his incarceration. We reverse and remand because the orders are not consistent with the oral ruling and because the defendant was not present.

In this case, the defendant agreed to pay restitution and waived causation as to that restitution in his plea agreement. He was in prison serving his sentence pursuant to that agreement at the time of the restitution hearing. His attorney objected as to the amount of restitution and to the defendant’s…