This is in contrast to past cases in which the dispute went to a district court's later imposition of a restitution obligation when none initially existed or to a subsequent increase in the amount of the obligation. See, e.g., State v. Chapman, 362 N.W.2d 401, 404 (Minn.App. 1985) (challenge to imposition of a restitution amount significantly higher than that which was contemplated as part of the plea agreement); State v. Raddatz, 345 N.W.2d 798 (Minn.App. 1984) (challenge to imposition of a restitution obligation when, as part of a plea agreement, the parties agreed that defendant would be sentenced to executed prison time but there was no agreement as to probation or restitution). In short, this appeal presents an issue of first impression, with our research revealing no case law directly on point.
Until recently, Minnesota courts could not order restitution in addition to an executed prison term unless the defendant so agreed. State v. Wentz, 343 N.W.2d 667 (Minn. 1984); State v. Raddatz, 345 N.W.2d 798 (Minn.Ct.App. 1984). Effective August 1, 1984, Minn.Stat. ยง 609.10(5) allows the courts to order restitution and/or a fine in addition to imprisonment for felonies:
State v. Wentz, 343 N.W.2d 667 (Minn. 1984); State v. Raddatz, 345 N.W.2d 798 (Minn.Ct.App. 1984). DECISION
State v. Wentz, 343 N.W.2d 667, 667 (Minn. 1984); see State v. Raddatz, 345 N.W.2d 798 (Minn.Ct.App. 1984). Since there is no indication of a restitution agreement in this case, the trial court improperly ordered restitution.
The restitution order must be vacated in light of State v. Wentz, 343 N.W.2d 667 (Minn. 1984); State v. Raddatz, 345 N.W.2d 798 (Minn.Ct.App. 1984). Affirmed in part, vacated in part.
State v. Wentz, 343 N.W.2d 667 (Minn. 1984); State v. Raddatz, 345 N.W.2d 798 (Minn.Ct.App. 1984). In this case, appellant agreed to make restitution for three of the burglaries.
Appellant contends that, if this court determines he is entitled to execution of his McLeod County sentence, then the restitution obligation under that sentence should not remain because appellant did not agree to restitution. State v. Raddatz, 345 N.W.2d 798, 799 (Minn.Ct.App. 1984); State v. Moore, 340 N.W.2d 671, 674 (Minn. 1983); State v. Wentz, 343 N.W.2d 667 (Minn. 1984).