State v. Mulligan

[¶ 49.] I dissent on Issue 2. In my view, it was plain error for the trial court to “impose restitution for the money” defendant allegedly stole from the victim whether objected to or not by trial counsel. The basic requirement is that the defendant either admitted to or was convicted of theft. State v. Nelson, 2003 SD 140, ¶ 5, 672 N.W.2d 684, 685 (holding the trial court’s decision to order restitution above an amount for which the defendant was convicted or did not admit violated SDCL 23A-28-1); State v. Davis, 458 N.W.2d 812, 812 (S.D.1990) (reversing an order requiring restitution for…