State v. Barrs

OPINION

TAYLOR, Presiding Judge.

Pursuant to a plea agreement, Larry Dan Barrs (“defendant”) pled no contest to attempted burglary, a class 5 felony. Defendant was sentenced to the presumptive term of two years imprisonment and given credit for 258 days of presentence incarceration. He also was ordered to pay a $100.00 felony assessment and $10.00 in restitution. The restitution order, however, was not imposed orally at time of sentence but rather was included in the minute entry of the sentencing proceedings. We find this to be a lawful sentence imposed in an unlawful manner.

Restitution is…