State v. Gulledge, 487 S.E.2d 590 (S.C. 1997)

Cases | State v. Gulledge, 487 S.E.2d 590 (S.C. 1997) | 2018

The defendant was employed as a bookkeeper by the victim company and wrote checks from the company’s account to her creditors. The defendant pled guilty to breach of trust in an amount greater than $5,000. In determining the amount of restitution, the trial court used a handwritten summary of daily transactions and shortages compiled by the owner of the victim company. The appellate court upheld the trial court’s denial of the defendant’s motion to prohibit the prosecution from introducing the handwritten summary. The defendant appealed to the Supreme Court of South Carolina. The court held that the restitution hearing was conducted properly and the trial judge did not abuse his discretion in admitting the handwritten summary. Evidentiary rules are inapplicable in a sentencing proceeding. As a restitution hearing is part of the sentencing proceeding, the trial court may consider information that may be inadmissible under evidentiary rules.