Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Smith, 210 N.C. App. 439 (Mar. 15, 2011)
The trial court committed plain error by ordering the defendant to pay restitution when no evidence supported the amount ordered. The court noted that no objection is required to preserve for appellate review issues concerning restitution. It held that the prosecutor’s unsworn statements and the State’s restitution worksheet were not competent evidence to support the restitution ordered. The court rejected the notion that the defendant's silence or lack of objection to the restitution amount constituted a stipulation.