State v. Martin, 368 N.W.2d 37 (S.D. 1985)

Cases | State v. Martin, 368 N.W.2d 37 (S.D. 1985) | 2018

The defendant was convicted of third-degree burglary. The court suspended three years of a penitentiary sentence and a fine on condition that the defendant pay restitution to the victim, reimburse the county for court-appointed counsel fees, and reimburse his court-appointed counsel for the difference between the total legal fees owing and the amount paid by the county for legal services rendered. The court later found that the defendant failed to comply with the conditions. The court revoked the suspended portion of the sentence, ordering that the defendant return to the penitentiary to serve the remaining three years of the original sentence and pay the entire amount of the fine originally imposed. On appeal, the defendant claimed that he was unconstitutionally deprived of his freedom due to indigency. The supreme court held that the trial court’s findings with respect to the defendant’s ability to make at least some payment towards restitution, the fine, and his attorney fees were adequately supported by the record. Though the defendant suffered from physical disability, there was evidence that he made some payments during the early portion of probation. Further, the trial court’s finding that the defendant failed to keep in contact with his parole agent was supported by the record and constituted an adequate, independent ground for revocation of probation.