State v. Cummings

OPINION

OGG, Judge.

Here we must determine if the trial court erred in ordering the defendant, as a term of probation in this burglary case, to make restitution for a loss incurred in a prior burglary committed by the defendant.

The appellant/defendant Calvin Cummings entered a plea of guilty to burglarizing his former employer on April 4, 1977. He was caught in the act and there was no loss to the victim. Approximately three weeks earlier in March, 1977, the defendant admitted he also had burglarized the same premises and that he had taken six cases of seafood which were later valued at $1870…