Ex Parte Killough

The sole issue presented in this case is whether a defendant who pleads guilty to an indictment can be required, as a condition of probation, to make restitution in an amount greater than that alleged in the indictment.

As the Court of Criminal Appeals correctly states in its opinion, the trial judge had authority to require Killough to make restitution as a condition of her probation. Code 1975, §15-22-52 (8). The Court of Criminal Appeals determined that other state courts, construing statutes similar to § 15-22-52 (8), had limited the amount of restitution to the amount specified in the…