Higgins v. State, 415 S.E.2d 799 (S.C. 1992)

Cases | Higgins v. State, 415 S.E.2d 799 (S.C. 1992) | 2018

The defendant was found guilty of malicious injury to personal property and was ordered to pay restitution to the victim. The defendant sought post-conviction relief, contending that S.C. Code Ann. § 17-25-125 prohibited the trial judge from both imposing the maximum sentence and requiring restitution as a condition of suspension and probation. The judge making the post-conviction relief determination found that the defendant received an illegal sentence, and granted the defendant a resentencing proceeding. The State applied for a writ of certiorari to the Supreme Court of South Carolina. The court reversed the post-conviction relief determination. S.C. Code Ann. § 17-25-125 does not prohibit the trial judge from both imposing the maximum sentence and ordering the defendant to pay restitution as a condition of suspension and probation.