State v. Gevedon
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The Supreme Court reversed the decision of the court of criminal appeals dismissing Defendant's appeal from the trial court's order for restitution and vacated the restitution order itself, holding that the restitution order was a final order but that the trial court erred by failing to consider Defendant's ability to pay in setting the amount of restitution.
Defendant pleaded guilty to driving under the influence and leaving the scene of an accident. Defendant was later arrested for driving on a revoked license. After a hearing, the trial court revoked Defendant's probation, ordered him to serve the remainder of his sentence in confinement, and ordered restitution in the amount of $30,491. The court of criminal appeals dismissed Defendant's ensuing appeal from the restitution order, concluding that it was not a final order because it did not contain payment terms or schedule. The Supreme Court reversed the court of criminal appeals and vacated the restitution order, holding (1) because the order resolved all the issues in this case it was a final order under Tenn. R. App. P. 3; but (2) in setting the amount of restitution, the trial court erred by failing to consider Defendant's financial resources and ability to pay restitution.
Court Description: Authoring Judge: Justice Sharon G. Lee
Trial Court Judge: Judge Stella L. Hargrove
A trial court ordered a defendant to pay a set amount of criminal restitution but did not
state payment terms or consider the defendant’s ability to pay. The Court of Criminal
Appeals dismissed the appeal, ruling the restitution order was not a final order because it
did not include payment terms. We hold the restitution order was a final order even though
it did not include payment terms. See State v. Cavin, No. E2020-01333-SC-R11-CD, ___
S.W.3d ____, 2023 WL _________ (Tenn. ______, 2023). The date for payment of the
restitution was, by default, the expiration of the defendant’s sentence based on Tennessee
Code Annotated section 40-35-304(g). The trial court erred by failing to consider the
defendant’s financial resources and ability to pay when setting the amount of restitution as
required by Tennessee Code Annotated section 40-35-304(d). We reverse the judgment of
the Court of Criminal Appeals, vacate the trial court’s restitution order, and remand to the
trial court for further proceedings consistent with this opinion.
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