Faulkner v. State

Terry Faulkner has appealed from an order imposing restitution after his convictions of purchase and possession of cocaine. We reverse and remand with directions to strike the restitution order.

Following the foregoing convictions, Faulker was sentenced as an habitual offender to two concurrent 3½ year terms of incarceration. The court did not mention restitution at sentencing, nor hold a separate hearing. One week after sentencing, a different judge entered a written restitution order requiring $230.00 in' restitution to the police department narcotics division.

Faulkner argues that the trial…