STATE v. DAVIS

No. 16739.

458 N.W.2d 812 (1990)

STATE of South Dakota, Plaintiff and Appellee, v. Gene A. DAVIS, Sr., Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 1, 1990.


Attorney(s) appearing for the Case

Roger A. Tellinghuisen, Atty. Gen., David D. Wiest, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Jean M. Cline, Rapid City, for defendant and appellant.


PER CURIAM.

As part of a plea agreement, Gene A. Davis, Sr. (Davis) pled guilty to receiving stolen property. His sentence included the requirement that he make restitution to the victim. Davis appeals the restitution portion of his sentence. We reverse and remand.

FACTS

On July 12, 1988, Black Hills Findings, Inc. was burglarized and approximately $3900 in guns, knives and jewelry were taken. A portion of the property was recovered at Davis' home...

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