Kenneth Smith v. State of Indiana

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Kenneth Smith appeals the trial court’s order that he pay $1,380 in restitution to William Kirkham. Smith raises a single issue for our review, which we restate as the following two issues:

1. Whether the trial court abused its discretion when it attributed property missing from Kirkham’s house to Smith even though the State did not use that property to secure Smith’s conviction for theft, as a Class D felony; and

2. Whether the trial court adequately considered Smith’s ability to pay $230 per month in restitution when he acknowledged he was paying $240…