People v. House

Following a trial by jury in the circuit court of Franklin County defendant, James Scott House, was convicted of burglary and sentenced to four years probation, conditioned upon 18 months periodic imprisonment and a restitution payment of $3,000 to the victim of the burglary. On appeal defendant contends the sentence was improper because: (1) it was excessive in view of the nonviolent nature of the offense and defendant’s youth and lack of substantial prior record; (2) the order of restitution was erroneous since defendant was convicted only of burglary and was acquitted of the underlying…