Sutton v. State

This case involves the validity of a restitution order entered by the trial court after appellant Bernard Chalmer Sutton cut through the fence surrounding a private game preserve and shot and killed a relatively rare ten-point buck.

Sutton pled no contest to three counts, grand theft, trespassing, and injuring the fence. The trial court sentenced him to time served and probation and ordered him to pay restitution for both the fence ($1221.25) and the deer ($4000). Sutton stipulated to the award for the damaged fence; but he contested, and now appeals, having to pay restitution for the value of…