Murphy v. State

The appellant was convicted of rape in the first degree, in violation of § 13A-6-61, Code of Alabama 1975. He was sentenced to 25 years' imprisonment and was ordered to pay restitution of $861.56 to the victim, his stepdaughter A.M., and $4,372 to his wife, Sherri Murphy.

I

The appellant contends that the trial court erred in ordering that he pay restitution to his wife based on the loss of his income during his incarceration.

The Restitution to Victims of Crimes Act, § 15-18-65, et seq., Code of Alabama 1975, provides, in pertinent part:

"The legislature hereby finds, declares and determines…