On July 25, 1990, the appellant, Kenneth B. Melvin, entered a plea of guilty to an indictment charging criminal possession
of a forged instrument in the second degree. This plea rests upon a plea bargain agreement that, in exchange for Melvin's
plea, the prosecutor would recommend that Melvin be sentenced to 9 years' imprisonment, but be placed on 2 years' probation
if Melvin paid $8,900 restitution and court costs by August 24, 1990. On August 24, Melvin could pay only $4,500 restitution,
so the trial court sentenced him to 5 years' imprisonment and ordered him to pay $4,000 restitution that day, with the balance
to be paid when Melvin returned from prison, along with $50c victims' compensation assessment, court costs, and attorney's
fees. On September 11, 1990, Melvin filed notice of appeal. On September 21, he filed a motion for the trial court to amend his
sentence, alleging that his failure to make restitution was a "major factor" in sentencing and that he "now has the wherewithal
to make full restitution in this cause." On October 8, the trial court denied Melvin's motion with the notation, "I don't
have jurisdiction of this case since it is on appeal."
