Honeycutt v. State

LUMPKIN, Vice Presiding Judge,

concurring in part, dissenting in part.

I concur in the Court’s decision to affirm the judgment and sentence in this case, however, I must dissent to the Court’s determination that the record reflects insufficient evidence to support the restitution ordered by the trial court.

The testimony of the victim was never contested or contradicted at preliminary hearing or trial regarding the value of the building and contents. The rule we must follow in determining the sufficiency of the evidence is whether, after reviewing the evidence in the light most favorable to the…