Walker v. State, 827 So.2d 863 (Ala. Crim. App. 2001)

Cases | Walker v. State, 827 So.2d 863 (Ala. Crim. App. 2001) | 2018

The defendant pled guilty to consolidated cases of first-degree robbery. The trial court conditioned early release, parole, and participation in the “SIR” program on payment to the victim compensation fund, costs of court, and restitution. The defendant sought to withdraw his guilty pleas. The appellate court held that the trial court did not abuse its discretion in denying the defendant’s motion to withdraw his guilty pleas. The court also found that the issue of restitution had been prematurely raised and was not properly before it. However, the court cited precedent in noting that: (1) any imposition of restitution must be by the trial court after a hearing, as mandated by Ala. Code § 15-18-67; (2) a defendant is entitled to a hearing at which evidence is introduced to determine a precise amount of restitution; and (3) the trial court rather than the probation officer determines the time and method of payment.