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State v. Fontaine4/17/1998
quire or warrant, or as in [the trial court's] judgment may be proper.'" 342 N.W.2d at 622-23 (quoting Mich. Comp. Laws Section 771.3(3); Mich. Stat. Ann. Section 28.1133(3)). Similarly, in Butler, the court held that child support to the victim's minor child was within the statutory definition of "pecuniary damages." 544 So. 2d at 822-23. Pecuniary damages under the relevant Mississippi statute constitute "`all special damages, but not general damages, which a person could recover against the defendant in a civil action arising out of the facts or events constituting the defendant's criminal activities . . .' " Id. at 822 (quoting Miss. Code Ann. Section 99-37-1(b) (Supp.1988)).
Having concluded that partial child support is not a proper matter for restitution awards under the current statutory scheme, defendant's remaining claims of error need not be addressed. Because the trial court determined that the restitution award here was "not a reduction of [defendant's] sentence," that it was "independent," it is not necessary to remand the case for a new sentencing hearing.
The probation condition for restitution is stricken.
FOR THE COURT:
Associate Justice
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