State of Tennessee v. Joseph Gevedon (Concur)
Case Details
- Status
- Published
- Procedural Posture
- appeal from Court of Criminal Appeals; reversed and remanded by Tennessee Supreme Court
Related Laws
No specific laws identified for this ruling.
Outcome
Tennessee Supreme Court reversed the Court of Criminal Appeals and remanded, finding the trial court abused its discretion by failing to consider the defendant's ability to pay when setting restitution.
Excerpt
I concur in the Court's judgment reversing the Court of Criminal Appeals, and I agree with much of the majority opinion's analysis, including its determination that the trial court abused its discretion by failing to consider Joseph Gevedon's ability to pay when setting the amount of restitution.1 I also agree with the majority's conclusion that the restitution order here was final and appealable, but I reach that conclusion by way of a slightly different analysis. I write separately to explain how my reasoning differs from that of the majority. While the majority asks whether the trial court's judgment satisfied the statutory requirements for restitution orders, I would focus instead on whether the record shows that the trial court thought it was finished with the case. In my view, the restitution order here was final because nothing in the record or on the face of the order suggests that the trial court had any intention of setting the time for payment, not because the trial court did everything it was supposed to do.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
Similar Rulings
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