Restitution Remanded

Today we’re going to be visiting a summary of State of Missouri vs. Gilbert Garcia, in the Missouri Court of Appeals, Western District – WD81687, regarding restitution. The court ruled the defendant had permission to charge construction items onto the account holder’s account, but had charged personal items to the account. Those facts supported findings on the elements of knowledge and intent on a charge of receiving stolen property; do not constitute multiple acts, because the purchase of all items occurred at once, so the verdict director did not threaten defendant’s right to a unanimous verdict; and support a sentence that includes restitution. The parties agree that the judgment plainly erred in the amount, but rule does not expressly authorize the Court of Appeals to enter the judgment that the circuit court should have, so the Court of Appeals remands to circuit court for re-sentencing to set the corrected amount of restitution, reported

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