State v. Miszak

Pekelis, A.C.J.

Daniel Miszak appeals an order of restitution entered following his plea of guilty to attempted theft in the second degree. We reverse.

Daniel Miszak, appellant, and Kelly Cruson were both charged by information with theft in the second degree for taking jewelry belonging to Marjorie Dolinar "on or about February 27, 1989". The certification for determination of probable cause set forth four specific items of jewelry identified by Dolinar as stolen.

On November 30, 1989, Miszak pleaded guilty to an amended information charging him with attempted theft in the second degree. In his…