Opinion
22420
Submitted September 23, 1985.
Decided December 10, 1985.
Chief Atty. William Isaac Diggs of S.C. Office of Appellate Defense, Columbia, for appellant. Atty. Gen. T. Travis Medlock, Asst. Atty. Gen. Harold M. Coombs, Jr., Columbia, and Sol. Randolph Murdaugh, Jr., Hampton, for respondent.
Submitted Sept. 23, 1985.
Decided Dec. 10, 1985.
Appellant was adjudicated delinquent as a result of trespassing, malicious injury to personal property, arson, and joyriding 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.