State v. Rust, 481 N.W.2d 610 (S.D. 1992)

Cases | State v. Rust, 481 N.W.2d 610 (S.D. 1992) | 2018

The defendant embezzled over $220,000 from her employer. As part of a plea agreement, defendant admitted to embezzling $10,278.62 and the State agreed to drop additional embezzlement counts. Prior to pleading guilty, the defendant was aware that she could be ordered to pay restitution but was unaware of the amount of restitution the court would order. The trial court ordered restitution of $221,818.01. On appeal, the defendant claimed that the trial court only had authority to order restitution for the amount she admitted to embezzling. The supreme court affirmed the restitution order. The plea agreement did not limit the trial court’s ability to order restitution to the full extent authorized by law and defendant knew that she could be ordered to pay restitution. The defendant admitted to embezzling a large sum of money over several years and evidence proved that she embezzled $221,818.01.