Marcinek v. State

STONE, Judge.

We reverse an order modifying probation entered several months after the trial court had announced unconditionally that Appellant’s probation was terminated, subject only to receipt of a proposed written restitution order to be prepared by the state. The amount of restitution was not in dispute.

The state failed to submit the written order out of concern for victim objections to the court’s decision. However, the question of obtaining victim consent to the termination of probation was not raised prior to the court’s decision to terminate. The record is clear that the court’s only…