State v. Escamilla

In this case we hold that restitution ordered in a sentence of probation is limited to the loss resulting from that offense of which the defendant has been convicted.

The defendant, Consuelo T. Escamilla, appeals an order of the district court for Lancaster County requiring her, as a condition of her probation, to make restitution to the State of Nebraska in the sum of $13,253, when her only conviction was of fraudulently obtaining food stamps having a value of $4,763.

Originally, Escamilla was charged in a two-count information. Count I charged her with fraudulently obtaining or fraudulently…