State v. Davis, 458 N.W.2d 812 (S.D. 1990)

Cases | State v. Davis, 458 N.W.2d 812 (S.D. 1990) | 2018

The defendant pled guilty to receiving stolen property, though he did not admit to committing burglary. The trial court ordered the defendant to pay $2893.59 in restitution. The defendant argued that restitution should be limited to the value of recovered stolen property. The trial court imposed restitution in the amount of all unrecovered property. On appeal, the defendant claimed that he should not be required to pay restitution for a crime that he was not charged with and did not admit to committing. The court held that the restitution requirement imposed on the defendant was not authorized by statute, and reversed and remanded for determination of the proper amount of restitution. A defendant must plead guilty, be convicted of a crime, or admit to a crime before being ordered to pay restitution to the victims. The defendant was not convicted, did not plead guilty, did not admit to the burglary, and did not agree to restitution for crimes he did not admit to committing.