In sum, this defendant was acquitted of the felony offense of theft of property of value greater than $500.00 because the State had no evidence of the value. He was convicted of the misdemeanor offense. The trial court at sentencing proceeded to order restitution of $1,100.00 anyway.
The appellate court found this to be plain error and reversed the judgment on this restitution figure.
The case is People v. Adame.