People v. Brigner

Opinion by

Judge VOGT.

Defendant, Marshall E. Brigner, appeals the trial court’s order directing him to pay restitution following his plea of guilty to defrauding a secured creditor. We vacate the order and remand the cause for correction of the mittimus.

The facts in this case are largely undisputed. Defendant agreed to purchase a dairy farm from the victim. As part of that purchase, the victim retained a security interest in the dairy cattle on the farm.

Thereafter, the cattle became ill and were no longer able to produce milk. Defendant therefore sold the cattle for beef, receiving…