State v. Madlock

Derrick L. Madlock appeals from an order denying his motion to vacate the restitution portion of a judgment of conviction for operating a motor vehicle without the owner's consent pursuant to § 943.23(3), Stats. Madlock argues that the trial court erred by refusing to conduct a restitution hearing. Madlock contends that a hearing was necessary because the record failed to sufficiently establish the fact of damage and, if damage existed, the necessary nexus to his crime. We agree. Consequently, we reverse the order of restitution and remand the matter to the trial court to conduct an…