Legal Opinion

State v. Burkhead

Court of Appeals of North Carolina

Decided May 5, 1987No. 8614SC460PublishedCited by 3 opinions

1Opinion of the Court

ARNOLD, Judge.

Defendant contends that the trial court erred in recommending, as a condition of work release, that he pay restitution in the amount of $5,000.00 because the evidence presented at the trial and the sentencing hearing did not support the $5,000.00 figure. We agree.

The trial court is not required to make specific findings of fact in support of its recommendation of work release. State v. Hunter, 315 N.C. 371, 338 S.E. 2d 99 (1986). However, any order or recommendation for restitution to the aggrieved party as a condition of obtaining work release must be supported by the evidence.…

2Cases cited3 opinions

  1. State v. HunterSupreme Court of North Carolina · 1986
  2. State v. HuntCourt of Appeals of North Carolina · 1986
  3. State v. KillianCourt of Appeals of North Carolina · 1978

3Cited by3 opinions

  1. State v. SmithCourt of Appeals of North Carolina · 1988
  2. State v. CanadyCourt of Appeals of North Carolina · 2002
  3. State v. HayesCourt of Appeals of North Carolina · 1993

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