State v. Davis

As part of a plea agreement, Gene A. Davis, Sr. (Davis) pled guilty to receiving stolen property. His sentence included the requirement that he make restitution to the victim. Davis appeals the restitution portion of his sentence. We reverse and remand.

FACTS

On July 12, 1988, Black Hills Findings, Inc. was . burglarized and approximately $3900 in guns, knives and jewelry were taken. A portion of the property was recovered at Davis’ home, while other stolen property, valued at approximately $2836 has never been recovered.

Davis was charged with receiving stolen property. A plea agreement was…