State v. Hardy

I concur with the majority that, on the facts of this case, the trial court did not err by declining to enter a new order for restitution. I *234cannot agree, however, with the majority's conclusion that the trial court afforded defendant the de novo sentencing hearing to which he was entitled. The trial court explicitly stated that if, in resentencing defendant, the court were to impose a sentence that differed from that of the original sentencing judge, such a sentence would be "inappropriate" and would constitute "overruling" the original sentencing judge. Moreover, review of the resentencing…