Smitley v. State

WILNER, Judge.

This appeal indicates the existence of some confusion regarding the manner in which a court may enter, preserve, and enforce an order of restitution following a criminal conviction. We shall try, in this Opinion, to clarify the court’s options.

Roy Smitley is an unfortunate soul; he is an alcoholic and suffers from epilepsy. Perhaps, in part, by reason of the former of those afflictions, he is no stranger to the criminal justice system.

In January, 1982, Smitley was charged with disorderly conduct (No. 48210310) and battery (No. 48210311). The case somehow reached the Circuit…