Legal Opinion

Tumlison v. State

Court of Appeals of Arkansas

Decided November 9, 2005No. CA CR 04-1367PublishedCited by 5 opinions

1Opinion of the Court

Wendell L. Griffen, Judge.

Sean Tumlison appeals from udge. for his conviction for computer fraud. He argues that the trial court erred in not submitting the issue of restitution to a jury and by ordering excessive restitution. Appellant does not challenge the sufficiency of the evidence to support the conviction. We hold that appellant waived his right to ajury trial with regard to the calculation of restitution. However, we agree that the trial court ordered excessive restitution. Accordingly, we reverse and remand.

Appellant was charged with computer fraud, theft of property worth over…

2Cases cited7 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Calnan v. StateSupreme Court of Arkansas · 1992
  3. P.A.M. Transport, Inc. v. Arkansas Blue Cross & Blue ShieldSupreme Court of Arkansas · 1994
  4. Johnson v. StateSupreme Court of Arkansas · 1993
  5. Brimer v. StateSupreme Court of Arkansas · 1988

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. StreetNebraska Supreme Court · 2020
  2. Marshall v. StateCourt of Appeals of Arkansas · 2008
  3. BEQIRI v. StateCourt of Appeals of Arkansas · 2006
  4. Marshall v. StateCourt of Appeals of Arkansas · 2008
  5. Mayra Lopez (Aka Myria Lopez) v. State of ArkansasCourt of Appeals of Arkansas · 2026

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