Clare v. State

The defendant was indicted and convicted for two separate charges of second degree theft and one charge of first degree theft. Sentence was two years' imprisonment and a fine of $15,000 which was suspended (both fine and sentence) on the condition, among others, that the defendant make restitution in the amount of $15,000 during the first two years of her probation.

On appeal, the defendant argues that the trial court's order of restitution was arbitrary and capricious. The evidence reveals that the defendant embezzled money from a Montgomery travel agency called Executive Meetings,…