defendant appeals. II, ANALYSIS T 6 Defendant makes three arguments: (1) he was entitled to a full restitution hearing; (2) the trial court failed to make adequate findings pursuant to the statutory factors when it ordered restitution; and (8) there was plain error in the manner in which restitution was ordered. ¶ 7 An appellate court will not disturb a trial court's restitution order "unless it exceeds that prescribed by law or otherwise abused its discretion." State v. Schweitzer, 943 P.2d 649, 653 (Utah Ct.App.1997). within the discretion of the trial court to impose sentence, which may include a fine, restitution, probation or imprisonment. See Utah Code Ann. § 76-3-201(2) & (4) (1999); State v. Snyder, 747 P.2d 417, 420 (Utah 1987). "However, upon conviction of a crime wh pp.1994) (<HOLDING>). ¶ 12 However, these cases are all
holding trial court acted on the merits of motion and thus de facto considered it timely holding that if a motion implicates the merits of a cause of action the district court should find jurisdiction exists and treat the objection as a direct attack on the merits of the plaintiffs case recognizing that sanctions are collateral to the merits of the case and may be considered even after the merits are no longer before the district court holding that only claims properly presented to the bia and considered on their merits can be reviewed by this court holding that an issue not presented to the trial court will not be considered on appeal