Cheeks v. State

I respectfully dissent as it is my view that the trial court erred in ordering restitution without hearing evidence or entering specific findings addressing the factors set out in OCGA § 17-14-10. To this extent, I find nothing in the record supporting the majority’s conclusion that the trial court “considered all of the factors it was required to consider.” Further, I find no authority supporting the majority’s conclusion that a defendant must volunteer evidence (without inquiry from the trial court) pertinent to factors the trial court must consider in determining the nature and amount of…