Gipson v. State

WOLF, Judge.

David Gipson appeals from the sentence he received following a violation of probation hearing and also from the restitution order issued by the trial court. He asserts that the trial court erred in exceeding the maximum sentence permitted under the sentencing guidelines, and also that it was error to enter the restitution order after a *1172notice of appeal had been filed. We agree. The state concedes that the restitution order was illegal, and we vacate the imposition of that order without further comment.

At sentencing, the appellant informed the court he was unable to handle being on…