In the Interest of Eugene M.

Supreme Court of South Carolina

In the Interest of Eugene M.

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

Supreme Court of South Carolina·Decided December 10, 1985·No. 22420·Published

Opinion

Per Curiam:

Appellant was adjudicated delinquent as a result of trespassing, malicious injury to personal property, arson, and [313]*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.

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Per Curiam:

Appellant was adjudicated delinquent as a result of trespassing, malicious injury to personal property, arson, and [313]*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.

In the Interest of Eugene M., 338 S.E.2d 328, 287 S.C. 312, 1985 S.C. LEXIS 533 (S.C. 1985).

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