M.M.S. v. State

WHATLEY, Judge.

M.M.S. appeals an order requiring him to pay restitution in the amount of $2500. The State concedes, and we agree, that the trial court improperly relied on hearsay evidence in determining the value of a stolen ring, and therefore, a new restitution hearing is necessary.

At the restitution hearing, the victim testified that the stolen ring had been a gift from her mother-in-law.1 The victim obtained an estimate of the ring’s value from the store in Saint Thomas where the ring was purchased. There was no other evidence of the ring’s value. The State properly concedes that this…