People v. Adame

Defendant was convicted, after jury trial, of theft of a credenza but found not guilty of theft of engine.Court ordered $1,100 in restitution, which was testimony of victim as to value of credenza as noted in PSI. Court specifically found that State failed to prove that credenza had a fair market value over $500. Thus, court incorrectly ordered restitution in an amount unsupported by evidence, and essentially sentenced Defendant for the felony theft of which he had been acquitted. Thus, error was structural and 2nd-prong plain error. Order of restitution vacated on plain-error grounds. Remanded for proper inquiry concerning imposition of public defendant fee.(HUDSON and HUTCHINSON, concurring.)