State v. Elkins, 489 So.2d 232 (La. 1986)

Cases | State v. Elkins, 489 So.2d 232 (La. 1986) | 2018

The defendant pled guilty to receipt of stolen jewelry. The jewelry was stolen from the victims’ home. The defendant was ordered to pay restitution to the victims as a condition of probation. On appeal, the defendant claimed that the condition exceeded the sentencing judge’s authority. The appellate court affirmed the sentence and the supreme court granted a writ of review. The supreme court held that restitution was improper absent proof of a defendant’s participation in the crime for which restitution is sought. The record did not contain evidence of the actual damage to the victims, whether the stolen jewelry was returned, or of the defendant’s participation in the burglaries.