State v. Galligo

[¶ 1] Doyle Galligo (Galligo) appeals the restitution provision of a sentence for simple assault. We reverse and remand.

FACTS

[¶ 2] In March 1995, Galligo was involved in a stabbing incident in Rapid City, South Dakota. He was charged with two counts of aggravated assault and, pursuant to a plea bargain, pled guilty to one count of simple assault. In October, the trial court sentenced Galligo to one year in the Pennington County Jail, suspended 144 days of the sentence and placed Galligo on two years probation. The terms and conditions of probation included a requirement, “[tjhat [Galligo] pay…