Smith v. State

Andrew Smith appeals the amount of restitution imposed on him after pleading guilty to grand theft. Smith and his co-defendants burglarized the victim’s home, stealing a safe containing valuables. After a hearing, the trial court ordered restitution in excess of $40,000 for the items taken.

We find merit only in Smith’s contention that the trial court imposed restitution for the safe based upon the replacement cost of a new and more secure safe. It is undisputed that the original safe cost only $350. There was no testimony as to the fair market value of the original safe at the time it was…