McInerney v. State

The defendant appeals his sentence for DUI manslaughter. He argues the trial court erred in admitting an eyewitness’s statement over a hearsay objection during the sentencing hearing. He also argues the trial court erred in ordering the amount of restitution after the notice of appeal was filed. And lastly, he argues the trial court denied him due process in denying his motion to downwardly depart. We affirm the admission of hearsay and the trial court’s denial of the downward departure motion, but reverse on the restitution issue and remand for a new hearing.

The State charged the defendant…