State v. Fussell

Appellant pled guilty to two (2) counts of grand larceny and three (3) counts of second degree burglary. On one count of burglary (National Tax Service Case) appellant was sentenced to imprisonment for fifteen (15) years, suspended with five (5) years probation and was ordered to pay $500 to the Public Defender’s fund and $1,500 restitution as a condition of probation.1

Appellant asserts the trial judge erred in ordering him to pay $1,500 restitution to National Tax Service because there was no factual basis to justify the award. We agree and reverse this award of restitution.

At trial,…