STATE v. GARY BRIAN CUMMINGS, No. 30911 (Per Curiam)(Davis, J., concurring)(October 10, 2003). Reversing an order of the Circuit Court of Marion County that denied the appellant's motion for reconsideration of a restitution order entered following a plea of nolo contendere to one count of fraudulent schemes, one count of embezzlement, one count of forgery and one count of uttering. Following hearings, the circuit court determined that restitution of $48,778.98 was appropriate. On appeal, the State conceded that attorney and expert witness fees were erroneously assessed, and that no findings were made regarding the appellant's ability to pay. Reversing the order of restitution, and holding that lost wages incurred by the victim while attending court proceedings should not have been included in the restitution order, remanding with instructions to conduct a hearing to assess the appellant's financial ability to pay, and reexamination of whether the victim's incurred interest on a loan should also be included.