Donovan v. State, 32 S.W.3d 1 (Ark. Ct. App. 2000)

Cases | Donovan v. State, 32 S.W.3d 1 (Ark. Ct. App. 2000) | 2018

The defendant was found guilty of theft by deception and sentenced to, among other things, pay restitution to the victim in the amount of $60,000. The defendant appealed, arguing, among other things, that the trial court erred in ordering restitution when it failed to give him credit for sums already paid to the victim. The Court of Appeals of Arkansas, Division Three, remanded on this issue, concluding that amounts of money paid by the defendant’s family to the victim on his behalf had to be taken into consideration in determining the victim’s actual economic loss. Thus, the trial court needed to make a determination as to the amount of the credit to be applied to the $60,000 restitution award.