State of Tennessee v. Joshua Lynn Damesworth

The Defendant pleaded guilty to theft of property and was placed on judicial diversion for five years and ordered to pay $167,000 in restitution to the victim. The Defendant failed to pay the entire amount of restitution, and the trial court revoked the Defendant’s sentence and ordered him to serve a five-year prison sentence. On appeal, the Defendant challenges the trial court’s finding that his failure to pay the entirety of the restitution prior to the expiration of his sentence was willful. After review of the record, we reverse the trial court’s revocation order.