Ex Parte Sarah H. Stewart, Circuit Judge, 13th Judicial Circuit (In Re: Ex Parte Kevin Byrd. in Re: State of Alabama…

Summary

The court granted the circuit judge's mandamus petition and directed the Court of Criminal Appeals to quash its writ requiring the circuit court to vacate a later restitution order. It held that restitution remains part of the criminal sentence after imprisonment and probation end, and that the trial court could adjust the payment schedule without increasing the total restitution or incarcerating the defendant. The court further held that statutory civil collection remedies are cumulative rather than exclusive.