Case Number
M2012-02366-CCA-R3-CD
I agree with the majority that the standard of review for questions related to probation or any other alternative sentence is one of abuse of discretion with a presumption of reasonableness. See State v. Caudle, 388 S.W.3d 273, 278-79 (Tenn. 2012). Payment of restitution is part of the alternative sentence meted out in this case. See T.C.A. § 40-35-104(c)(2). The majority clearly and completely sets forth the law related to determining the appropriate amount of and payment of restitution. I will therefore restrict my analysis to the conclusion of the opinion, with which I most respectfully disagree.
Originating Judge
Judge John H. Gasaway, III
Case Name
State of Tennessee v. David Allan Bohanon - Concurring/Dissenting
Date Filed
Dissent or Concur
This is a dissenting opinion
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