State v. Cavin

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Justia Opinion Summary

The Supreme Court reversed the judgment of the court of criminal appeals ruling that the restitution order at issue on appeal was not a final and appealable order under Tenn. R. App. P. 3, holding that a criminal restitution order is final and appealable when it directs a defendant to pay a set amount of restitution without payment terms.

Defendant pleaded guilty to burglary and theft. As a condition of his probation, Defendant was ordered to pay restitution in the amount of $5,500 during his supervision. Defendant appealed the restitution order, but the court of criminal appeals dismissed the appeal for lack of jurisdiction, concluding that the restitution order was not a final order because it failed to include either payment terms or a payment schedule. The Supreme Court reversed and affirmed the trial court's judgment, holding (1) the restitution order resolved all issues and was a final order under Rule 3; and (2) the trial court did not err by ordering Defendant to pay $5,5000 in restitution over his two-and-a-half-year probationary period.

Court Description: Authoring Judge: Justice Sharon G. Lee
Trial Court Judge: Judge James F. Goodwin, Jr.

The primary issue presented is whether a criminal restitution order is a final and appealable
order under Tennessee Rule of Appellate Procedure 3 when the order directs a defendant
to pay a set amount of restitution without payment terms. A trial court ordered the
defendant who had pleaded guilty to burglary and theft to pay $5,500 in restitution during
his probationary period. The Court of Criminal Appeals dismissed the appeal, holding that
the restitution order was not a final and appealable order because it lacked payment terms.
We hold that the restitution order was a final order. Tennessee’s criminal restitution statute,
Tennessee Code Annotated section 40-35-304, allows—but does not require—trial courts
to specify payment terms. Here, the trial court’s restitution order resolved all issues, was
reasonable, and appropriately considered the victim’s pecuniary loss and the defendant’s
ability to pay.

Primary Holding

The Supreme Court reversed the court of criminal appeals' ruling that a restitution order was not a final and appealable order under Tenn. R. App. P. 3, holding that a criminal restitution order is final and appealable when it directs a defendant to pay a set amount of restitution without payment terms.


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