State v. Moore, 365 N.C. 283

Moore was convicted of obtaining property by false pretense on February 3, 2010 and sentenced to six to eight months with probation subject to restitution.
Restitution of $39,332.49 was ordered as a condition of probation.
The Court of Appeals vacated the restitution award as unsupported by the evidence.
At trial, McCosker testified the repair estimate was 'thirty-something thousand dollars' and the State's worksheet listed $39,332.49 without itemization.
The NC Supreme Court held the evidence showed some support but was not specific enough to sustain $39,332.49 and remanded for recalculation of damages.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the restitution amount is supported by the evidence	State argues evidence supports restitution amount.	Moore argues the amount is not sufficiently supported.	Some evidence supports restitution, but not the $39,332.49 amount.

State v. Wilson, 340 N.C. 720 (1995) (restitution amount must be supported by trial or sentencing evidence)
State v. Daye, 78 N.C. App. 753 (1995) (restitution evidence must be reliable; unsworn estimates insufficient)
State v. Mauer, 202 N.C. App. 546 (2010) (restitution worksheet alone generally insufficient without documentation)
State v. Swann, 197 N.C. App. 221 (2009) (restitution evidence must be adequately documented)
State v. Hunt, 80 N.C. App. 190 (1986) (some evidence can support a restitution amount)
State v. Cousart, 182 N.C. App. 150 (2007) (specific testimony supporting exact restitution amount)