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State v. Becker, 2018 UT App 81 (May 3, 2018)

May 3, 2018

The defendant pled guilty to attempted aggravated assault for attacking the victim with a shovel. The district court held the plea in abeyance and ordered the defendant to pay restitution of $663 to the victim, purportedly to pay for an eye exam and new glasses for the victim. The Court of Appeals reversed the restitution order and remanded to the district court with instructions to reimburse the defendant for the $663 he paid under protest. The State failed to present any evidence to show that the victim was wearing eyeglasses during the assault and failed to provide any receipts or documents from a physician with respect to the eye exam or the eyeglasses, despite having opportunities to do so at two evidentiary hearings.