Stokes v. State

This is an appeal from an order of probation. Appellant contends that the trial court’s imposition of restitution as a condition of probation was improper because he was not given prior notice of the proposed restitution order and was not accorded the opportunity to be heard as to the amount of damage caused by his criminal conduct. We agree.

Appellant was given no notice that a restitution condition would be imposed. Rather, the condition was proposed for the first time at appellant’s sentencing hearing. Under these circumstances the order requiring restitution was improper. Fresneda v.…