Moore v. State (Majority, with Concurring and Dissenting)Annotate this Case
Appellant was convicted of battery in the third degree and sentenced to twelve months' probation. He was further ordered to pay costs and fees, as well as restitution of $40,304, "less any payments received through insurance claim and/or civil recovery from defendant." The State later filed a petition for revocation of Appellant's probation, alleging that, while Appellant's insurance had paid $29,595 toward the victim's civil claim, a balance of $10,709 remained, toward which Appellant had failed to make any payments. After a hearing, the circuit court extended Appellant's probation and directed him to make restitution of $10,709. The Supreme Court affirmed, holding that the circuit court did not err in finding that Appellant had not fulfilled his restitution obligation.