Mitchell v. State

CHEZEM, Judge.

Case Summary

Defendant/Appellant, Gene Mitchell, appeals his conviction of criminal mischief exceeding twenty-five hundred dollars ($2,500.00), a class D felony. We affirm.

Issues

I. Whether the evidence was sufficient to sustain Defendant's conviction.

II. Whether the trial court erred when it ordered Defendant to pay restitution as a further condition of probation without first determining his ability to pay.

Facts

On December 31, 1988, after an argument with his wife, Defendant left his house. He started his one-and-one-half-ton grain truck and backed it through the garage,…