In the Interest of Eugene M. , 287 S.C. 312 ( 1985 )


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  • Per Curiam:

    Appellant was adjudicated delinquent as a result of trespassing, malicious injury to personal property, arson, and *313joyriding charges filed against him in family court. The family court ordered restitution of $1,818.94 and committed appellant to the Department of Youth Services for an indeterminate period not to exceed his twenty-first birthday. We remand for resentencing.

    A juvenile adjudicated delinquent may be punished only under the alternatives of S. C. Code Ann. § 20-7-1330 (1976). Matter of Westbrooks, 277 S. C. 410, 288 S. E. (2d) 395 (1982); Matter of Skinner, 272 S. C. 135, 249 S. E. (2d) 746 (1978). Restitution is not one of those alternatives, but the family court is authorized to order restitution as a condition of probation under § 20-7-1330(a). The family court exceeded its statutory authority by ordering restitution other than as a condition of probation. For this reason, the sentence of the family court is vacated, and the case is remanded for resentencing.

Document Info

Docket Number: 22420

Citation Numbers: 287 S.C. 312, 338 S.E.2d 328, 1985 S.C. LEXIS 533

Filed Date: 12/10/1985

Precedential Status: Precedential

Modified Date: 11/14/2024