Barnes v. State

THOMAS, Justice.

The sole question presented in this appeal is whether the district court, in sentencing the appellant for the offense of aggravated assault and battery in violation of § 6-4-506(a), W.S.1977, had the authority to require the appellant to make restitution to the victim in the amount of $20,000. In a rather rare, but not unique, style of response the appellee, the State of Wyoming, has confessed error. We agree with the conclusion of the appellant and the appellee that the district court in this instance imposed an illegal sentence. We shall reverse and remand the case for the…