Avey, Keith, F-2000-618, (Restitution, Procedure)

Baker, Mitchell Dewayne v. State, COCA Case No. F-2008-1087 (January 27, 2010)
(Restitution) Restitution order vacated and remanded for proper determination.

Batise, Sherl D. v. State, COCA Case No. F-2001-211 (March 20, 2002)
(Restitution; failed to determine whether Appellant could pay restitution without imposing manifest hardship, amount determined without reasonable certainty.)

Bennett, Charles Leonard III v. State, COCA Case No. F-2014-1019 (February 26, 2016)
(Restitution) Restitution order vacated and remanded for proper determination of loss.

Bigmedicine, Horace Joe v. State, COCA Case No. F-2013-994 (October 1, 2014)
(Restitution) Trial court erred in imposing restitution without following statutory procedure. Remanded for proper determination of restitution.

Black, Betty Sue v. State, COCA Case No. RE-2008-599 (April 10, 2009)
(Revocation/Acceleration Decisions; Restitution) Appellant demonstrated failure to pay restitution was not willful. Reversed with instructions to dismiss.

Broomhall, John v. State, COCA Case No. F-2018-349 (October 31, 2019)
(Restitution; Abuse of Discretion) Restitution vacated and remanded for proper hearing.

Cathey, William Reeves v. State, COCA Case No. C-2014-254 (January 13, 2015)
(Guilty Plea Decisions; Restitution) Restitution order vacated and remanded for a proper hearing to determine amount.

Carty, James Marvin v. State, COCA Case No. F-2013-619 (June 11, 2014)
(Restitution; Abuse of Discretion) Trial court erred in imposing a restitution order without following statutory procedures in determining the amount. Vacated and remanded for a proper determination.

Coulter, Deshaunte Devon v. State, COCA Case No. F-2012-721 (October 16, 2013)
(Restitution) Plain error in trial court’s failure to follow the law on establishing restitution; restitution order vacated and remanded for further proceedings

Copeland, Steven Caleb v. State, COCA Case No. C-2002-1136 (July 22, 2003)
(Guilty Plea Decisions; Restitution) Record does not contain sufficient information as to how restitution amount was determined. Remanded for a Restitution hearing.

Coronado, Serapio Penny v. State, COCA Case No. F-2006-669 (August 29, 2007)
(Restitution) Evidence not offered at trial to determine value of damages. Remanded with instructions for a proper determination of restitution.

Davis, Bryce Andrew v. State, COCA Case No. F-2012-212 (December 7, 2012)
(Restitution; Abuse of Discretion) Trial court abused discretion in assessing $30,528.43 restitution; $20,383 of which was for medical expenses, the total value billed by service providers, prior to being written down by insurer’s contract and prior to insurance payment. Actual medical expenses paid by the victim was $2,267, which trial court had authority to triple. Trial court further abused discretion in ordering $3,076 in lost wages, when the State failed to establish this by preponderance of evidence. Evidence re: restitution of $5,000 for future medical expenses was too speculative and also stricken. Remanded for Modification.

Earsley, Dwan Marie v. State, COCA Case No. F-2010-572 (November 17, 2011)
(Revocation/Acceleration; Restitution) Acceleration reversed because State did not prove failure to pay restitution was wilful.

Ennis, Ricky Nolan v. State, COCA Case No. F-2015-909 (October 19, 2017)
(Restitution) Trial court failed to require proof of actual loss to support restitution order. Remanded for proper resitution determination.

Gallimore, Robert v. State, COCA Case No. F-1999-1428, (Sept. 19, 2000)
(Restitution, Procedure)

Gargus, Ronnie Odell v. State, COCA Case No. F-2003-1261 (December 23, 2004)
(Restitution) Trial court’s restitution order was not supported by sufficient evidence; remanded for hearing on restitution.

Graham, David Michael v. State, COCA Case No. F-2006-429 (April 23, 2007)
(Restitution; Sentence, Excessive) Restitution orders were not supported by any evidence. Jury should have been instructed on 85% rule. Sentence modified.

Hall, Garrick, F-1999-1414, (Sept. 11, 2000)
(Restitution, Procedure)

Kishore, Sundeep, COCA Case No. F-2005-659 (August 2, 2006)
(Restitution) Restitution order ($100,000) vacated and remanded for new hearing; State failed to file statutorily-required form, and amount of restitution was not determined to a reasonable degree of certainty.

Lara, Derlin v. State, COCA Case No. C-2016-813 (May 25, 2017)
(Guilty Plea Decisions; Sentence, Excessive; Restitution) Certiorari denied but sentence on accompanying misdemeanor modified for exceeding statutory maximum. Also remanded for new hearing on actual amount of restitution.

Leatherwood, Travis Michael v. State, COCA Case No. F-2018-1263 (April 2, 2020)
(Restitution) Remanded for a proper hearing on the amount of restitution.

Luck, Larry Gene v. State, COCA Case No. M-2010-1026 (December 1, 2011)
(Restitution) Remanded for proper determination of restitution.

McGhee, Cynthia v. State, COCA Case No. RE-2010-706 (December 1, 2011)
(Revocation/Acceleration; Restitution) Remanded for a hearing regarding ability, or lack thereof, to pay restitution and court costs.

Oxford, John Edward v. State, COCA Case No. C-2014-920 (August 27, 2015)
(Guilty Plea Decisions; Restitution) Order of restitution remanded for a proper hearing on the amount.

Schram, Lori Jo v. State, COCA Case No. F-2004-281 (August 2, 2005)
(Restitution) Record must reflect a basis for the trial judge’s determination of a victim’s loss or the decision is arbitrary and violative of Section 991a. Remanded for new hearing on restitution.

Shepherd, Jackie v. State, COCA Case No. F-1999-513, (Feb. 7, 2000)
(Restitution, Procedure)

Smith Jr., Charles v. State, COCA Case No. F-2000-599, (April 13, 2001)
(Restitution, modified to reflect earlier payments)

Tolliver, Donald Edward v. State, COCA Case No. F-2014-974 (November 5, 2015)
(Restitution) Plain error occurred when actual financial detriment was not determined to a reasonable certainty. Remanded for new hearing on restitution

Vasquez, Vincent v. State, COCA Case No. F-2008-620 (August 5, 2009)
(Restitution) Trial court abused his discretion in imposing restitution. Restitution Order vacated.

Weimer, Charles Edward v. State, COCA Case No. F-2014-698 (October 28, 2015)
(Restitution; Abuse of Discretion) Restitution assessed was based on information in PSI report. Remanded for a proper determination of actual economic loss.