State v. Tuttle, 460 N.W.2d 157 (S.D. 1990)

Cases | State v. Tuttle, 460 N.W.2d 157 (S.D. 1990) | 2018

The defendant pled guilty to one count of second degree arson and a second count of arson was dismissed. The defendant was sentenced to fourteen years imprisonment with two years suspended on condition that he pay restitution to the victims of both arsons as a condition of probation. The trial court did not conduct a restitution hearing. On appeal, the defendant claimed that the trial court erred in imposing restitution without a hearing and in requiring that he pay restitution for crimes to which he did not plead guilty. The court reversed the restitution portion of the sentence and remanded to trial court for further proceedings in conformity with the opinion. Due process requires a restitution hearing. The state must afford notice of the hearing with an opportunity to confront the victim’s claim for pecuniary loss and an opportunity to be heard. However, due process does not require that the rules of evidence and civil burden of proof apply to a restitution hearing.