State v. Lewus

OPINION

VOSS, Judge.

Defendant, Thomas Franklin Lewus, pled no contest to leaving the scene of an injury accident, a class 6 felony. On appeal defendant argues that the trial court erred when it imposed restitution by order without his presence. We agree with defendant.

FACTS

As part of his plea agreement, defendant agreed to pay restitution not to exceed $3,000. At the change of plea proceeding the trial judge notified defendant that he would be required to pay restitution in an amount not to exceed $3,000. The prosecutor pointed out that at that point in time, the victim had incurred $600.00 in…