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Criminal Practice – Sentencing – Restitution – Worksheet Alone

Criminal Practice – Sentencing – Restitution – Worksheet Alone

The only support for the trial court’s restitution order consisted of the state’s restitution worksheet and unsworn statements by the prosecutor. A restitution worksheet, unsupported by testimony, documentation, or stipulation, is insufficient to support an order of restitution. Although defendant pled no contest to the charges against him, he maintained his innocence with respect to the transactions underlying the restitution order. Because the state did not produce evidence at the sentencing hearing to support the restitution worksheet, the trial court did not have competent evidence to support the restitution order.

We vacate the restitution order and remand for resentencing solely on the issue of restitution.

Defendant’s silence regarding the restitution worksheet does not constitute invited error.

State v. Ridings (Lawyers Weekly No. 012-107-23, 11 pp.) (Allison Riggs, J.) Appealed from Davie County Superior Court (Mark Klass, J.) Kimberley D’Arruda for the state; Warren Hynson for defendant. North Carolina Court of Appeals (unpublished)

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