Pruitt v. State, A98A0375
Decision Date | 23 January 1998 |
Docket Number | No. A98A0375,A98A0375 |
Citation | 230 Ga.App. 334,496 S.E.2d 324 |
Parties | PRUITT v. The STATE. |
Court | Georgia Court of Appeals |
George E. Argo, Vidalia, for appellant.
Richard A. Malone, District Attorney, William S. Askew, Assistant District Attorney, for appellee.
Harold E. Pruitt appeals his judgment of conviction of arson in the first degree. He enumerates three errors. Held:
1. Appellant contends the trial court erred in failing to consider all required statutory factors in imposing restitution. We agree. OCGA § 17-14-10 requires the ordering authority to consider the factors therein listed "[i]n determining the nature and amount of restitution," if any, to be ordered as a condition to relief as to sentence. See Slater v. State, 209 Ga.App. 723, 725(4), 434 S.E.2d 547. (Note: OCGA § 17-14-2(5) and (6) define the terms "ordering authority" and "relief," respectively.) OCGA § 17-14-10(1) requires the ordering authority, in this instance the trial court, to consider "[t]he present financial condition of the offender and his dependents." The record reveals that the trial court considered as controlling the financial condition of appellant at the time the original defective sentence was imposed; and, regarding appellant's present financial condition at the time of resentencing, the trial court affirmatively stated on the record that "I don't think I have to take into consideration anything that has occurred since that time in order to impose sentence." As the appellate record reflects that the trial court did not consider all of the OCGA § 17-14-10 factors, particularly, but not limited to appellant's present financial condition at the time of resentencing, the sentence must again be vacated and the case remanded with direction. Dukes v. State, 213 Ga.App. 701 703(5), 446 S.E.2d 190, rev'd in part on other grounds, 265 Ga. 422, 457 S.E.2d 556.
2. " 'We find that (OCGA §§ 17-14-8 through 17-14-10) contemplate a hearing and specific written findings by the court in determining whether it will order restitution and, if so, the amount thereof.' " Bridges v. State, 208 Ga.App. 555(1), 431 S.E.2d 164; compare Gaskin v. State, 221 Ga.App. 142, 144(3)(a), 470 S.E.2d 531 ( ). "If the trial court again imposes restitution as a condition of probation on remand, it (and the State) should ensure that a hearing is [again] held, the necessary factors are considered, and the necessary [written] findings are made--on the record." Jones v. State, 224 Ga.App. 340, 341(2), 480 S.E.2d 618; Slater, supra at 726(4), 434 S.E.2d 547; Dukes, supra at 704(5), 446 S.E.2d 190, citing Garrett v. State, 175 Ga.App. 400(1), 333 S.E.2d 432 ( ). Westmoreland v. State, 192 Ga.App. 173, 176(2)(b), 384 S.E.2d 249, which involved a situation of induced error, is distinguishable and not controlling in this case.
3. We note that the $10,000 fine was not imposed as a condition of restitution (see generally OCGA § 17-14-2(7)); the statutory provision pertaining to restitution is not applicable to that portion of the sentence.
4. In view of our holding in Divisions 1 and 2, above, we do not here address appellant's remaining contentions; however, in the interest of judicial economy, we find that in order for the court to award restitution to appellant's former wife, the trial court must find and the record must support the finding that she was a "victim" within the meaning of OCGA § 17-14-2(7) and (8). We further note appellant's contention that "[t]o include the enforcement of a civil judgment in a criminal judgment is imprisonment for debt and is prohibited by [Art. I, Sec. I, Par. XXIII of] the Constitution of this State." Appellant has failed to cite any cases directly in point with this contention, and we are unaware of any cases in which our appellate courts have interpreted this constitutional provision under the circumstances of...
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In re Interest of N. T.
...are not persuaded by N. T.’s reliance on Britt v. State , 232 Ga. App. 780, 781 (2), 503 S.E.2d 653 (1998), and Pruitt v. State , 230 Ga. App. 334 (1), 496 S.E.2d 324 (1998). While we acknowledge that this Court vacated the restitution orders in both of those cases, we did so because nothin......
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Turner v. State, A11A1192.
...indicated the trial court's failure to consider any factor aside from the amount of damages sustained by the victim); Pruitt v. State, 230 Ga.App. 334, 334(1), 496 S.E.2d 324 (1998) (holding, under prior version of the statute requiring written findings of fact, that record revealed that tr......
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Darden v. State, A98A0936.
...determining whether it will order restitution and, if so, the amount thereof." (Citations and punctuation omitted.) Pruitt v. State, 230 Ga.App. 334(2), 496 S.E.2d 324 (1998); Helmeci v. State, 230 Ga.App. 866, 870, 498 S.E.2d 326 (1997). "If the trial court again imposes restitution as a c......
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