Opinion
No. 90-1617.
June 11, 1991.
An Appeal conducted pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), from the Circuit Court for Monroe County; Richard G. Payne, Judge.
Sam Williams, in pro. per.
Robert A. Butterworth, Atty. Gen., and Patricia Ann Ash, Asst. Atty. Gen., for appellee.
Before BASKIN, COPE and GODERICH, JJ.
Sam Williams, defendant below, appeals his conviction and sentence for attempted second degree murder. Upon the State's confession of error, the restitution order is reversed on the ground that the defendant did not have notice and an opportunity to be heard with respect thereto. This ruling is without prejudice to entry of a restitution order upon notice and an opportunity to be heard.
While defendant also asserts error with respect to entry of a cost order, the judgment in the present record does not award costs. That issue is, at present, moot.
We have carefully considered the other points raised by defendant and conclude that no reversible error has been shown.
On the merits of the conviction and sentence, this was a proceeding under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), in which the Public Defender submitted a memorandum and defendant also submitted a brief.
Affirmed in part, reversed in part, and remanded.