State v. Nelson, 672 N.W.2d 684 (S.D. 2003)

Cases | State v. Nelson, 672 N.W.2d 684 (S.D. 2003) | 2018

The defendant was found guilty of two counts of forgery. The trial court entered an initial judgment of restitution for one of the checks, then amended it to include amounts for two checks alleged in the dismissed counts of forgery. The defendant filed a motion to reconsider restitution. The trial judge denied the motion because trial testimony convinced him that the defendant owed the amount. The supreme court held that the trial court erred in amending its restitution order to include the additional sums. The defendant did not plead guilty, nor were there guilty verdicts in regard to the two checks. Further, the defendant did not admit to committing the forgeries.