State v. Cummings

This is an appeal by Gary Brian Cummings (hereinafter “Appellant”) from a December 13, 2001, order of the Circuit Court of Marion County denying the Appellant’s motion for reconsideration of a restitution order. The restitution order had been entered pursuant to the Appellant’s plea of nolo contendere to one count of fraudulent schemes, one count of embezzlement, one count of forgery, and one count of uttering. The Appellant contends that the lower court erred by ordering him to pay restitution in an amount unjustified by the statute governing restitution, West Virginia Code § 61-11A-4 (1984)…