STATE v. BREEZE

No. 20000670-CA.

29 P.3d 19 (2001)

2001 UT App 200

STATE of Utah, Plaintiff and Appellee, v. Gerald Michael BREEZE, Defendant and Appellant.

Court of Appeals of Utah.

June 28, 2001.


Attorney(s) appearing for the Case

Catherine E. Lilly and Karen Stam, Salt Lake Legal Defender Association, Salt Lake City, for Appellant.

Mark L. Shurtleff and Jeanne B. Inouye, Assistant Attorney General, Salt Lake City, for Appellee.

Before GREENWOOD, P.J., and BILLINGS, and THORNE, JJ.


GREENWOOD, Presiding Judge:

¶ 1 Defendant appeals his conviction for criminal nonsupport, a third degree felony, in violation of Utah Code Ann. § 76-7-201 (1999), claiming the trial court erred in ordering restitution without a hearing. We vacate the restitution order and remand for further proceedings consistent with this opinion.

BACKGROUND

¶ 2 Defendant was obligated to pay $130 per month in child support pursuant to a divorce decree...

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