State v. Krall

This is a direct appeal from an order of restitution. We reverse.

The only issue is whether the trial court may order restitution more than 60 days after sentencing when the statute provides: "When restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within sixty days.” (Italics ours.) RCW 9.94A.142(1).

The Judgment and Sentence did not set restitution, but provided: "If State seeks restitution, it shall be by motion and hearing.” Clerk’s Papers, at 6. The State did not seek a hearing until more than 60 days after sentencing. The hearing…