Nix v. State, 925 S.W.2d 802 (Ark. Ct. App. 1996)

Cases | Nix v. State, 925 S.W.2d 802 (Ark. Ct. App. 1996) | 2018

The defendant entered a negotiated plea of guilty to theft of property. Among other things, the defendant was ordered to make restitution in the amount of $19,500.00. The defendant appealed, arguing that the trial court erred in determining the amount of restitution, based, in part, on the victim’s testimony as to the value of the stolen property. The Court of Appeals of Arkansas affirmed, noting that the defendant had not raised this issue with the trial court. The defendant also argued that the amount of restitution could not exceed $2,500 because he entered a plea of guilty to Class C felony theft of property, which is defined as the theft of property valuing less than $2,500, but more than $200. The court rejected the defendant’s assertion, noting that restitution is meant, as far as it is practicable, to make the victim whole with respect to the financial injury suffered. Since there was sufficient evidence to suggest that the victim sustained damages in excess of $2,500, the order of restitution was appropriate. Finally, the court rejected the defendant’s assertion that the trial court failed to consider the amount he could afford to pay in determining the amount of restitution. Since the trial court heard testimony about the defendant’s income and financial responsibilities and noted that the defendant would only have to make reasonable monthly payments, the order was appropriate.