Sims v. State, 134 So. 3d 300

Sims was indicted on three counts of aggravated assault; the best-interest (Alford) plea was to one count (Broome), with the other two counts dismissed; restitution was ordered to Broome and Stevens for the respective counts.
Three years later, Sims sought post-conviction relief alleging illegal sentence among other claims; trial court dismissed as time-barred and successive; Court of Appeals affirmed.
The State's plea and sentencing record show the court asked for proof of restitution as to pecuniary damages; the record indicated injuries to three women and medical damages.
The State dismissed Counts 1 and 2 in exchange for Sims's guilty plea on Count 3, but restitution was ordered to both Broome and Stevens; Sims did not object at sentencing.
The central legal question is whether restitution to Stevens (a victim of a dismissed count) was a legally permissible punishment, and whether Sims waived objections by not contesting restitution at sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether restitution to Stevens for a dismissed count is legal.	Sims argues restitution to Stevens is illegal punishment.	State contends restitution may be ordered to any victim suffering pecuniary damages from the defendant's criminal activities.	Restitution to Stevens is permissible under the statute.
Whether Sims waived objections to restitution by not objecting at sentencing.	Sims did not object to restitution.	Failure to object at sentencing waives objections to restitution.	Waiver applies and supports affirmance of restitution.
Whether the restitution scheme violated the separation of charges when multiple counts exist.	Stevens’s restitution relates to a dismissed count; separate counts require distinct treatment.	Restitution can flow from the plea and collateral agreements; multiple counts can yield restitution.	Court properly allowed restitution under the statute despite dismissed counts.

Twillie v. State, 892 So.2d 187 (Miss. 2004) (ex post facto and plea withdrawal context; record-based waiver of certain claims)
Butler v. State, 544 So.2d 816 (Miss. 1989) (restitution authority and limits; non-paternity context for child-support-like damages)
Shook v. State, 552 So.2d 841 (Miss. 1989) (waiver of restitution objections; distinguishable facts)
Harris v. State, 757 So.2d 195 (Miss. 2000) (restitution amount vs. legality; waiver of amount issue)
Powell v. State, 536 So.2d 13 (Miss. 1988) (waiver of restitution issues when not objected to at sentencing)