State of Tennessee v. Terence Alan Carder

Case Number
W2008-01450-CCA-R3-CD

The defendant, Terence Alan Carder, pled guilty to theft of property over $1,000 but less than $10,000 and received a sentence of two years to be served on probation after service of 60 days in jail. The defendant was also ordered to provide restitution to the victim in the amount of $80,000 to be paid back at $1,000 per month. On appeal, the defendant argues that the trial court erred in ordering confinement and setting restitution. Following our review, we affirm the sentence as imposed but conclude that the trial court made inadequate findings in assessing restitution pursuant to Tennessee Code Annotated section 40-35-304. Therefore, we remand for reconsideration of the restitution award based upon the required findings.

Authoring Judge
Judge J. C. McLin
Originating Judge
Judge J. Weber McCraw
Case Name
State of Tennessee v. Terence Alan Carder
Date Filed
Dissent or Concur
This is a dissenting opinion
Download PDF Version