State of Tennessee v. Johnny Summers Cavin

The primary issue presented is whether a criminal restitution order is a final and appealable
order under Tennessee Rule of Appellate Procedure 3 when the order directs a defendant
to pay a set amount of restitution without payment terms. A trial court ordered the
defendant who had pleaded guilty to burglary and theft to pay $5,500 in restitution during
his probationary period. The Court of Criminal Appeals dismissed the appeal, holding that
the restitution order was not a final and appealable order because it lacked payment terms.
We hold that the restitution order was a final order. Tennessee’s criminal restitution statute,
Tennessee Code Annotated section 40-35-304, allows—but does not require—trial courts
to specify payment terms. Here, the trial court’s restitution order resolved all issues, was
reasonable, and appropriately considered the victim’s pecuniary loss and the defendant’s
ability to pay.