Idowu v. State

OPINION

in which KELLER, P.J., MEYERS, WOMACK, HERVEY and HOLCOMB, JJ., joined.

In this case we are asked to decide whether a court of appeals should deter*919mine the correct amount of restitution that a defendant must pay as a condition of probation, when the defense argues — at a hearing on a motion for new trial which raises an ineffective assistance of counsel issue — that restitution should never have been ordered in the first place.1 We conclude that the answer here, where appellant failed to object either when restitution was imposed or in his motion for new trial, is no. Therefore, the…