State v. Brown, 882 So. 2d 1273 (La. Ct. App. 2004)

Cases | State v. Brown, 882 So. 2d 1273 (La. Ct. App. 2004) | 2018

The defendant pled guilty to issuing worthless checks in the aggregate amount of $1117.19 and was ordered to pay $1732.19 in restitution as a condition of probation. After reviewing the record, the appellate court expressed three concerns regarding the amount of restitution: (1) the amount exceeded the aggregate amount of checks listed in the bill of information; (2) the defendant was ordered to pay restitution for checks that she was not charged with writing, and the record contained no information as to the amount of the checks; and (3) the trial court did not establish a payment plan for the restitution ordered. Accordingly, the court vacated the portion of the sentence setting the amount of restitution and remanded the case for a determination of whether the defendant expressly agreed to pay restitution in an amount exceeding the total of the checks listed in the bill of information. On remand, the trial court was instructed to determine the amount of restitution owed and to establish a payment plan for restitution and other fees.