Sims v. State

¶ 11. I respectfully dissent. Sims was convicted only of the assault of Mary Beth Broome. Virgie Stevens was not a victim of Sims’s assault upon Mary Beth Broome, and thus I find that the imposition of restitution for Stevens within the sentencing process for a crime committed against Broome constitutes an illegal punishment.

¶ 12. The majority recounts that, “[f]ol-lowing the State’s recitation of the facts, the court said, ‘then, Johnny Ray Sims, before I accept your plea, is there anything you want to change about what we’ve gone over?’ ” Sims replied, “ ‘No, sir.’ ” Based on the cited…