State v. Taylor

OPINION

FIDEL, Judge.

A question of contract interpretation arises in the context of a criminal appeal. In a plea agreement the parties provided that Tracy Shane Taylor, the defendant-appellant, would “be jointly and severally liable [with a co-defendant, not a party to this appeal] to pay restitution in an amount not greater than $30,000.” Did the parties thereby fix restitution at $30,000, beyond challenge by the defendant? Or did they merely place a $30,000 ceiling on defendant’s restitution exposure, leaving defendant free to challenge any claimed amount in a restitution hearing before the…