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Jackson v. State

The trial court erred in requiring the defendant to pay restitution to the victim for the day he took off work to appear at the restitution hearing.

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Earlene Daphne Jackson appeals from a restitution order entered by the Superior Court of Toombs County requiring Jackson to pay $7,715.00 to Barry James Allen Brown, the victim of Jackson’s crimes of financial identity fraud and residential mortgage fraud. Jackson contends that the evidence does not support that part of the trial court’s order which requires her to compensate Brown for the time he lost from work as a result of Jackson’s criminal conduct. For reasons explained more fully below, we find no error by the trial court in awarding Brown lost wages resulting from the time he lost from work because of Jackson’s crimes against him, including the days Brown was required to testify at the criminal proceedings brought against Jackson. We further find, however, that the trial court erred in awarding Brown his lost wages for the day he took off work to testify at the restitution hearing. Accordingly, we vacate the trial court’s restitution order and remand for entry of a new order consistent with this opinion.

A trial court’s restitution order must be based on evidence presented at a restitution hearing as to the factors set forth in OCGA § 17-14-10.1 See OCGA § 17-14-7 b. Thus, on appeal from an order of restitution, we review the record to determine whether a restitution award was supported by a preponderance of the evidence. Tobias v. State, 319 Ga. App. 320, 329 5 735 SE2d 113 2012 footnote omitted.

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