Ex Parte Stewart

Summary

The Supreme Court of Alabama granted the circuit judge's mandamus petition and directed the Court of Criminal Appeals to quash its writ requiring the trial court to set aside a later restitution-payment order. The court held that restitution remains part of a criminal sentence after imprisonment and probation end, and that the trial court could modify the payment schedule based on the defendant's ability to pay without increasing the total restitution or imposing incarceration. No separate opinions were filed.