State v. McLain

Charles R. McLain appeals that portion of his sentence wherein the district court for Douglas County ordered him to pay restitution for lost wages suffered by the victim of his second degree assault.

In his sole assignment of error, McLain asserts that the sentence imposed by the district court is excessive because it includes an order for restitution which is not supported by proper documentation.

We vacate the restitution order in regard to the victim’s lost wages and remand the cause for a new sentencing hearing.

On September 25, 1990, McLain appeared with counsel before the district court…