People v. Birge

This case presents question as to whether trial court committed plain error in imposing $117,200 restitution order, where govt. merely provided said figure to trial court without presenting any evidence or documents to support such figure during sentencing hearing. Appellate Court, in affirming trial court, found under plain error standard that lack of testimony in record proving restitution amount was not sufficiently grave that it denied defendant fair sentencing hearing, since: (1) restitution statute does not mandate that trial court fix amount of restitution based on any specific type of evidence; (2) it doubted that govt. just made up restitution amount without any basis for requesting it; and (3) neither party contested restitution amount when parties discussed plea negotiations with trial court. Defendant also argued in his petition for leave to appeal that trial court violated Rule 431(b) not seeking response from prospective jurors for each of four principles found in said Rule, where trial court instead read all four principles and then sought response from prospective juror.