State of Tennessee v. William Chandler Daniels

Appellant William Chandler Daniels pled guilty to a charge of theft of property valued at more than $10,000. The plea agreement stipulated that Appellant’s sentence was to be three years, with the  manner of service and restitution to be determined by the court. The completed judgment form indicates that Appellant was sentenced to serve his three years in the Tennessee Department of Correction. It also provides that “[r]estitution is reserved pending a hearing.” At a subsequent hearing, the trial court ordered Appellant to pay $2,000 in restitution. In this appeal, Appellant challenges the trial court’s authority to order restitution in combination with a custodial sentence as well as the court’s evaluation of the appropriate amount of restitution. We conclude that the trial court was permitted to order restitution; however it did not consider Appellant’s ability to pay or specify the time or amount of payment. Therefore, the case is remanded to the trial court for further proceedings.