Smith v. State

Blackburn, Presiding Judge.

Jeffery Smith entered a negotiated plea to one count of forgery in the first degree. He was sentenced to eight years, with one to serve and the balance to be probated, and was further ordered to pay restitution to the victim. He now appeals the denial of his motion to set aside the restitution portion of his sentence, arguing that the trial court erred in ordering him to pay restitution for a crime for which he was neither charged nor convicted in the State of Georgia. For the reasons set forth below, we vacate the restitution portion of Smith’s sentence.

The record…