Tumlison v. State, 216 S.W.3d 620 (Ark. Ct. App. 2005)

Cases | Tumlison v. State, 216 S.W.3d 620 (Ark. Ct. App. 2005) | 2018

The defendant was convicted of computer fraud and ordered to pay $29,429.95 in restitution. He appealed, arguing that the trial court should have submitted the issue of restitution to a jury, and that the trial court ordered excessive restitution. The Court of Appeals of Arkansas, Division Two, reversed and remanded, finding that the trial court ordered excessive restitution. The court noted first that the defendant waived his right to sentencing by jury. The defendant’s attorney negotiated the terms of the defendant’s probation and agreed to have a sentencing hearing on the conditions for probation after the trial court dismissed the jury. This constituted a waiver of sentencing by jury. However, the court noted that the relevant state statute requires that a sentencing court make a determination of “actual economic loss,” which did not happen in this case. Thus, the court remanded the case with instructions to hold another hearing and award restitution based on the victim’s actual economic loss.