State v. Harwell

OPINION

HUSPENI, Judge.

In this second degree felony murder case, appellant Jewell Harwell claims that his right to a fair trial was violated because the trial court failed to respond properly to a question the jury raised during deliberations. Appellant further challenges the double durational departure in sentencing and the amount of restitution ordered by the trial court. Because we find that the trial court properly exercised its discretion in .responding to the jury’s question and in imposing a 300-month term of imprisonment, but plainly erred in ordering restitution to be paid to the…