State v. Lewandowski

OPINION

VÁSQUEZ, Judge.

¶ 1 Appellant James Lewandowski appeals the trial court’s entry of a criminal restitution order, pursuant to A.R.S. § 13-805, at the time of his sentencing. 1 He contends that under § 13-805, a criminal restitution order may not be entered prior to the expiration of a defendant’s prison term or sentence of probation and that the early entry of the order constitutes an illegal sentence due to the mandatory imposition of interest under § 13-805(C). For the reasons that follow, we vacate the restitution order.

Facts and Procedural Background

¶ 2 “We view the facts in the…