Legal Opinion

Harris v. State

Supreme Court of Georgia

Decided February 13, 1992No. S91G1535PublishedCited by 34 opinions

1Opinion of the Court

Fletcher, Justice.

We granted the writ of certiorari to determine whether the trial court had authority to increase the amount of restitution that the defendant had to pay after he began serving his sentence. The Court of Appeals held that the increase in restitution was not an impermissible increase or enhancement of the defendant’s punishment. Harris v. State, 200 Ga. App. 841, 844 (410 SE2d 123) (1991). We find that restitution ordered as part of a criminal sentence is punishment and reverse.

Kenneth De Wayne Harris pleaded guilty to a theft by taking and was sentenced to four years, with 60…

2Cases cited10 opinions

  1. Bearden v. GeorgiaSupreme Court of the United States · 1983
  2. Inman v. StateCourt of Appeals of Georgia · 1971
  3. Cannon v. StateSupreme Court of Georgia · 1980
  4. People v. Hall-WilsonNew York Court of Appeals · 1987
  5. England v. NewtonSupreme Court of Georgia · 1977

5 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. People v. ShepardColorado Court of Appeals · 1999
  2. In the Interest of E. W.Court of Appeals of Georgia · 2008
  3. Snell v. StateCourt of Criminal Appeals of Alabama · 1998
  4. Miller v. StateCourt of Appeals of Georgia · 1996
  5. Jolly v. StateCourt of Criminal Appeals of Alabama · 1996

29 more not listed; retrieve them via the Exa API.

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