State v. Fussell, 383 S.E.2d 1 (S.C. 1989)

Cases | State v. Fussell, 383 S.E.2d 1 (S.C. 1989) | 2018

The defendant pled guilty to two counts of grand larceny and three counts of second degree burglary. The trial court ordered the defendant to pay $1500 in restitution to the burglary victim as a condition of probation. In ordering restitution, the trial judge stated that the sole basis for the award was the defendant’s antagonization of the burglary victim, whose place of business had been burglarized frequently. On appeal, the defendant asserted that there was no factual basis to justify the award. The court reversed the restitution portion of the defendant’s sentence and remanded for a hearing to determine the amount of restitution. The trial judge’s reasons for ordering restitution were improper. Further, there was no factual basis sufficient to support the award where the only evidence regarding the amount of loss was a statement by the solicitor.