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State v. Wyatt

COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE
Jul 7, 2014
No. 70902-0-I (Wash. Ct. App. Jul. 7, 2014)

Opinion

70902-0-I

07-07-2014

STATE OF WASHINGTON, Respondent, v. CAREY BROWN WYATT, Appellant.


UNPUBLISHED OPINION

PER CURIAM.

Carey Wyatt appeals the restitution order entered after he pleaded guilty to one count of third degree assault. The State concedes—and we agree—that Wyatt did not expressly agree to pay restitution for an uncharged offense. Accordingly, the trial court erred in entering the order of restitution for Jessica Smith. See State v. Miszak. 69 Wn.App. 426, 429, 848 P.2d 1329 (1993).

The order of restitution is reversed and the matter remanded to the superior court to strike Appendix E, the August 14, 2013 order setting restitution, from the judgment and sentence.


Summaries of

State v. Wyatt

COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE
Jul 7, 2014
No. 70902-0-I (Wash. Ct. App. Jul. 7, 2014)
Case details for

State v. Wyatt

Case Details

Full title:STATE OF WASHINGTON, Respondent, v. CAREY BROWN WYATT, Appellant.

Court:COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE

Date published: Jul 7, 2014

Citations

No. 70902-0-I (Wash. Ct. App. Jul. 7, 2014)