Simms v. State

ALPERT, Judge.

In this appeal we are asked to decide whether a trial judge, in effecting restitution, can impose conditions of parole. His restitutional efforts, although laudatory in concept, may not be accomplished by such means.

Jeffrey A. Simms (appellant) was charged with two counts of assault and battery and one count of malicious destruction of property. On February 28, 1985, he was tried by the Circuit Court for Caroline County, the Honorable Edward D.E. Rollins presiding, and was convicted on all counts. The trial court sentenced him to two concurrent three-year terms of incarceration…