People v. McCann

The People appeal the trial court order granting the Crim. P. 35 motion filed by defendant, Michael Keith McCann, and vacating the restitution orders entered against him. We reverse and remand for further proceedings.

Defendant entered an Alford plea to first degree assault (disfigurement), and, on March 7, 2002, the trial court sentenced him to twenty-one years in prison. The plea agreement provided, and defendant acknowledged at the providency hearing, that he would be required to pay restitution in an amount to be calculated by the People and approved by the court. At the sentencing…