Over the course of eight months, defendant improperly received checks totaling over $128,000 from the bank account of an ailing, elderly man. This included a single check for $78,000, which defendant promptly used to buy a house. Several years later, when the time came to face the consequences for his criminal actions, defendant was still enjoying the warmth and comfort of the house he bought with the vulnerable adult’s money.
The trial court sentenced defendant to serve six months in jail and five years of probation. As a condition of probation, the trial court ordered defendant to sell the house that he bought with the victim’s money and to apply the proceeds of that sale to the $128,000 restitution amount that defendant agreed to pay as part of his plea deal.
After initially agreeing that the probation condition was justice, defendant later moved the trial court to strike the probation condition, arguing that the condition was invalid. The trial court denied the motion. Because defendant agreed at sentencing that it was justice to require him to sell the home and apply the sale proceeds to the agreed-upon restitution amount, defendant has waived appellate review of the issues he now brings before this Court.
Our Supreme Court explained that waiver reflects the intentional relinquishment or abandonment of a known right and that a party who waives his rights cannot seek appellate review of a claimed deprivation of those rights, considering that the waiver extinguished any error.
A party cannot stipulate to a matter before the trial court and then argue on appeal that the resulting action was erroneous.
At sentencing, defendant objected to the trial court’s imposition of a sentence involving any jail time. Defendant did not object to the imposition of a sentence including an order of restitution. Indeed, defendant specifically agreed to pay $128,000 restitution as a condition of his no-contest plea.
As defendant begged for a sentence that did not involve incarceration, he specifically compared and contrasted the probation condition that he sell the home with the prospect of serving time in jail, calling the probation condition justice and stating that he would have to find another place to live, indicating affirmative agreement with the probation condition that he sell the home.
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