State Of Washington, Resp. v. Carey Wyatt, App. ( 2014 )

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
No. 70902-0-1
Respondent,
DIVISION ONE
v.
UNPUBLISHED OPINION
CAREY BROWN WYATT,
Appellant. FILED: JUL 7 2014
Per Curiam. — Carey Wyatt appeals the restitution order entered after he
pleaded guilty to one count of third degree assault. The State concedes—and we
agree—that Wyatt did not expressly agree to pay restitution for an uncharged
offense. Accordingly, the trial court erred in entering the order of restitution for
Jessica Smith. See State v. Miszak. 69 Wash. App. 426, 429, 848 P.2d 1329 (1993).
The order of restitution is reversed and the matter remanded to the superior
court to strike Appendix E, the August 14, 2013 order setting restitution, from the
judgment and sentence.
For The Court:
Wq
UDi. J • m
2s»
zx