Smith v. State

Marion Alonzo Smith appeals his sentence following his conviction for burglary of a structure. We reverse.

During his plea and sentencing hearing, the state raised the issue of restitution:

The only other thing I would ask the Court, other than imposing the full thirty-six month term is, I would ask that a judgment be imposed against the defendant for the cost of the travel for these victims to come down here. This defendant knew well before Tuesday, that he had been working with CCIB and could have plead to the court at any other time and made this motion for a downward departure on…