State v. Schweitzer, 943 P.2d 649 (Utah Ct. App. 1997)

Cases | State v. Schweitzer, 943 P.2d 649 (Utah Ct. App. 1997) | 2018

The defendant pled guilty to aggravated assault and stalking and was sentenced to two consecutive sentences and ordered to pay restitution. A lien was placed on all his personal and real property and he was ordered to sell it all. On appeal, the defendant raised several arguments, including that the trial court’s restitution order was unnecessarily harsh and unfair in that it required all the defendant’s real and personal property to be liened, sold, and distributed to the victims. The court of appeals held that the trial court had exceeded the scope of its authority because it ordered restitution and the liens without discussion or findings regarding what property the defendant owned or possessed. The portions of the restitution order requiring the sale of the defendant’s property was struck and the sentence was further modified on other grounds.