State v. Breeze, 29 P.3d 19 (Utah Ct. App. 2001)

Cases | State v. Breeze, 29 P.3d 19 (Utah Ct. App. 2001) | 2018

The defendant pled guilty to criminal nonsupport after failing to pay child support required by a divorce decree. The defendant asked the trial judge at the sentencing hearing to hear from the defendant’s ex-wife before setting the restitution amount, but the trial court set restitution at $33,792.25 without hearing from her. On appeal, the defendant argued that the trial court erred in imposing restitution without affording him a restitution hearing. The court of appeals agreed, holding that if a defendant objects to a restitution amount at or before the sentencing hearing, as he did in this case, the trial court must allow the defendant a full hearing on the issue.” The case was remanded for a restitution hearing.