State of Tennessee v. Joseph Gevedon

A trial court ordered a defendant to pay a set amount of criminal restitution but did not
state payment terms or consider the defendant’s ability to pay. The Court of Criminal
Appeals dismissed the appeal, ruling the restitution order was not a final order because it
did not include payment terms. We hold the restitution order was a final order even though
it did not include payment terms. See State v. Cavin, No. E2020-01333-SC-R11-CD, ___
S.W.3d ____, 2023 WL _________ (Tenn. ______, 2023). The date for payment of the
restitution was, by default, the expiration of the defendant’s sentence based on Tennessee
Code Annotated section 40-35-304(g). The trial court erred by failing to consider the
defendant’s financial resources and ability to pay when setting the amount of restitution as
required by Tennessee Code Annotated section 40-35-304(d). We reverse the judgment of
the Court of Criminal Appeals, vacate the trial court’s restitution order, and remand to the
trial court for further proceedings consistent with this opinion.