State v. David Dwyer Cockrell

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

David Dwyer Cockrell, Appellant.

Appellate Case No. 2020-001070

Appeal From Greenville County
Edward W. Miller, Circuit Court Judge

Unpublished Opinion No. 2022-UP-040
Submitted February 1, 2022 – Filed February 9, 2022

AFFIRMED

Appellate Defender Wanda H. Carter, of Columbia, for
Appellant.

Attorney General Alan McCrory Wilson and Assistant
Attorney General Ambree Michele Muller, both of
Columbia, for Respondent.

PER CURIAM: David Dwyer Cockrell appeals the amount of restitution ordered
by the circuit court following his guilty plea to two counts of uttering a fraudulent
check. On appeal, he contends his restitution should only have been the $60 his
landlord incurred by attempting to cash the fraudulent checks rather than the
amount of the checks—$10,000—plus the $60. We affirm pursuant to Rule
220(b), SCACR, and the following authorities: S.C. Code Ann. § 17-25-322(A)
(2014) ("When a defendant is convicted of a crime which has resulted in pecuniary
damages or loss to a victim, the court must hold a hearing to determine the amount
of restitution due the victim or victims of the defendant's criminal acts. The
restitution hearings must be held unless the defendant in open court agrees to the
amount due, and in addition to any other sentence which it may impose, the court
shall order the defendant make restitution or compensate the victim for any
pecuniary damages."); S.C. Code Ann. § 17-25-322(B)(4) (2014) ("In determining
the manner, method, or amount of restitution to be ordered, the court may take into
consideration . . . (4) any burden or hardship upon the victim as a direct or indirect
result of the defendant's criminal acts . . . .").

AFFIRMED.1

THOMAS, GEATHERS, and VINSON, JJ., concur.

1
We decide this case without oral argument pursuant to Rule 215, SCACR.