People v. McLain

Opinion by JUDGE HARRIS

¶ 1 The primary issue in this appeal is whether Crim. P. 36, which allows the trial court to correct "clerical" errors in a judgment or order, authorizes the district court to amend a final restitution order to increase the amount of restitution owed by the defendant. We conclude that it does not and, because the amendment was not otherwise authorized under the restitution statute, we vacate the amended order and remand for reinstatement of the original order.

I. Background

¶ 2 In May 2012, defendant, Sean Michael McLain, pleaded guilty to one count of theft.

*1039The probation…