State v. Gillespie, 445 N.W.2d 661 (S.D. 1989)

Cases | State v. Gillespie, 445 N.W.2d 661 (S.D. 1989) | 2018

The defendant was convicted of aggravated assault and ordered to execute a confession of judgment as a condition of probation in favor of the victim for the full amount of the victim’s medical expenses, dental expenses, and lost earnings. On appeal, the defendant claimed that the trial court erred in demanding the confession of judgment. The court struck the portion of the judgment requiring the confession of judgment. If a criminal offender is to be held responsible for full or partial payment of pecuniary damages to the victim of his crime, then such must be done by and through restitution statutes and not by means of a confession of judgment.