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Williams v. State

The trial court did not err in proceeding with a restitution hearing in the defendant's voluntary absence.

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Tina Elaine Williams appeals from the trial court’s order of restitution following her guilty plea to one count of criminal damage to property in the second degree. She argues that the trial court unlawfully increased her sentence by conducting a restitution hearing more than 60 days after the entry of judgment of conviction and sentencing, despite language in the sentencing order directing the hearing to be held within 60 days; and further that the trial court erred in proceeding with the restitution hearing in her absence. For the reasons noted infra , we affirm. On March 30, 2010, Williams pleaded guilty to one count of criminal damage to property in the second degree after she intentionally scratched the paint on numerous surfaces of the victim’s vehicle. The trial court sentenced Williams as a first offender to a four-year probated sentence, and directed her to pay restitution in an amount “determined at a special set hearing within 60 days.” Likewise, Williams acknowledged in her plea petition that she would be required to pay restitution in a later-determined amount. Thereafter, the State filed a rule nisi, which it served on Williams’s counsel, that set the restitution hearing for June 29, 2010. Although Williams did not appear at the restitution hearing, her counsel did so on her behalf, and the State presented evidence related to the costs expended by the victim and her insurance company to repair the damage to the victim’s automobile. Consistent with the evidence presented, the trial court ordered Williams to pay restitution in the amount of $689 directly to the victim, and $3,744.06 to the victim’s insurance company. This appeal follows.

1. Williams first argues that, because the trial court failed to hold the restitution hearing within the 60-day window set forth in the sentencing order, the later-ordered restitution unlawfully expanded her sentence. We disagree.

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