State v. Gullickson, 659 N.W.2d 388 (S.D. 2003)

Cases | State v. Gullickson, 659 N.W.2d 388 (S.D. 2003) | 2018

The defendant pled guilty to embezzlement of property received in trust and was sentenced to imprisonment and ordered to pay restitution. The defendant failed to make payments shortly after his release from prison, and the State brought a motion for an order to show cause as to why he should not continue to make payments. The trial court found that it lacked jurisdiction because the executive branch obtains jurisdiction once a defendant is sentenced to the penitentiary. The supreme court held that the trial court had jurisdiction over the defendant to compel him to pay restitution. The trial court has the inherent power to enforce the terms of its orders. The defendant agreed to make full restitution. To allow him to unilaterally void the agreement by claiming that neither the executive nor judicial branch had jurisdiction would be contrary to the intent of the State’s policy on restitution and would violate the plea agreement.