Wenner v. State

CAMPBELL, Acting Chief Judge.

Appellant was convicted of attempted murder in the second degree. On appeal, he challenges only the court’s order of restitution.

Appellant was sentenced within the guidelines, however, the court made no order of restitution in the sentence. Within thirty days of sentencing, appellant filed a notice of appeal. Subsequent to the filing of the notice, the court held a restitution hearing. Appellant was not present. Restitution was ordered.

Appellant argues that it was error to order restitution because once the notice of appeal was filed, the trial court was divested…