Matheny v. State

SHAW, Judge.

Raymond Matheny was convicted of assault in the third degree, a violation of § 13A-6-22, Ala.Code 1975. He was sentenced to one year’s imprisonment.

Matheny raises one issue on appeal: he argues that the trial court erred in ordering him to pay restitution without conducting a hearing. The State agrees that the trial court erred in not conducting a restitution hearing and requests that this Court remand this case for the trial court to hold such a hearing.

The record reflects that on April 18, 2001, 15 days after Matheny was sentenced, the State filed a “Notice of Restitution” with…