State v. Sausville

Defendant appeals an order of the trial court to pay restitution to the victim of an assault committed by defendant. We reverse.

Defendant entered into a plea bargain agreement with the State in which defendant agreed to plead no contest to a charge of simple assault and the State agreed to recommend a suspended sentence, a fine, and numerous conditions of probation. In the plea agreement, the parties stipulated that the amount of restitution would be determined at a hearing on the subject. At the hearing, the State submitted evidence as to the victim’s losses, and defendant offered a rebuttal…