State v. Rhinehart

Originally the writing of the opinion in this case fell to me. I proposed to “Affirm in Part; Reverse in Part; and Remand.” A majority of the panel having now taken a contrary view, I file my proposed opinion (with minor modifications) as my dissent.

Defendant, Charles Rhinehart, pled guilty to receiving stolen goods. He was sentenced to four years in prison, suspended on time served and was ordered to serve two years probation and complete two hundred hours of public service.

At the plea hearing, the solicitor stated that no restitution *40was sought inasmuch as the property had been recovered.…