State v. Borg, Minn.S.Ct., 7/31/2013. Back last November the court of appeals said that the state could not appeal a restitution order that the trial court had made separate from the criminal judgment and commitment. Read here. In short order the supreme court accepted review and now reverses the court of appeals. Justice Page concluded that an order that amends the restitution portion of a sentence is still a “sentence imposed,” which is one of the types of district court decisions that the state can appeal under Rule 28.04, subdivision 1. The court announces that restitution is, indeed, a part of a defendant’s sentence. Because subdivision 1(2) of Rule 28.04 authorizes the state to appeal from any sentence imposed, restitution is included. The state may thus appeal from that amended order.
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