State v. Wilson, 264 S.E.2d 414 (S.C. 1980)

Cases | State v. Wilson, 264 S.E.2d 414 (S.C. 1980) | 2018

The defendant pled guilty to discharging a firearm into a dwelling. The trial court ordered the defendant to pay restitution to the victim as a condition of probation. On appeal, the defendant contended that the trial court lacked jurisdiction to order restitution as a condition of probation. The court held that though S.C. Code Ann. § 24-21-430 does not specifically include restitution in the listed conditions of probation, the statute indicates no intent to limit or restrict the general words “any other” to the enumerated conditions of probation. However, the court determined that no evidentiary basis existed for the award and remanded the case for a restitution hearing to determine the actual damages or loss caused by the offense and the defendant’s ability to pay.