Stutts v. State

I respectfully dissent from the majority's unpublished memorandum affirming the circuit court's restitution order of $2,500 upon John Stutts after his conviction for criminal mischief in the third degree.1

Stutts was accused of pushing the victim's truck into a pond following an altercation between the two men. He was indicted for criminal mischief in the first degree.

"(a) A person commits the crime of criminal mischief in the first degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he has such a right, he inflicts damages to…