Overby v. State

Dillard, Judge.

Tracy Daniel Overby pleaded guilty to one count of arson and was sentenced to 20 years on probation. Additionally, the trial court ordered that Overby’s probation would be suspended after five years if restitution was paid and, after conducting a hearing on same, ordered that restitution be paid to the victim in the amount of $63,125 in monthly increments of $270. Overby challenges the trial court’s order of restitution on appeal, contending that the amount is not supported by fact or law. We agree and therefore vacate the court’s award and remand for a new restitution hearing.

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