State of Tennessee v. James William Tawater

Defendant, James William Tawater, was indicted for one count of Class D felony theft of property of $1,000.00 or more in value.  A jury found him guilty as charged.  The trial court imposed a sentence of six years as a Range II multiple offender.  The manner of service of the sentence was ordered to be an alternative sentence of probation, served by split confinement pursuant to Tennessee Code Annotated section 40-35-306, with one year to be served in the county jail followed by five years of probation under the supervision of Community Corrections.  Defendant presents three issues in his appeal: (1) the evidence was insufficient to support the conviction; (2) the trial court abused its discretion by imposing the sentence ordered; and (3) the trial court abused its discretion when it determined the amount of restitution owed by Defendant and by failing to ascertain Defendant’s ability to pay restitution.  We affirm the conviction and the length and manner of service of the sentence.  However, we reverse the restitution portion of the sentence and remand for a new hearing regarding restitution.