State v. Witthaus

SALCINES, Judge.

The State appeals from the trial court’s *506denial of restitution.1 We reverse.

Witthaus was charged with aggravated assault, driving under the influence, and leaving the scene of a crash involving property damage as a result of incidents which occurred on April 19, 2005. Witthaus appeared before the trial court on June 9, 2005, for a plea and sentencing hearing. Witthaus entered a plea to the three charged offenses agreeing, among other things, to make restitution to the victim of the aggravated assault.

Regarding the aggravated assault, during the preliminary discussions between…