STATE v. MARTIN

No. 23942.

724 N.W.2d 872 (2006)

2006 SD 104

STATE of South Dakota, Plaintiff and Appellee, v. Jerrold Ray MARTIN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 21, 2006.


Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Craig M. Eichstadt, Deputy Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Chris Beesley of Beesley Law Office, Custer, South Dakota, Attorneys for defendant and appellant.


PER CURIAM.

[¶ 1.] Jerrold Ray Martin appeals a restitution order entered following his guilty plea to intentional damage to property. Martin contends the trial court erred as a matter of law in calculating the amount of restitution. We reverse and remand.

FACTS

[¶ 2.] On December 24, 2004, Martin illegally entered the home of Michael and Paula Kear in Buffalo Gap, South Dakota. Martin destroyed...

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