State of Tennessee v. Joseph Gevedon (Restitution Concern)

Style: State of Tennessee v. Joseph Gevedon

TSC Docket Number: M2020-00359-SC-R11-CD

Link to Court of Appeals Opinion: https://www.tncourts.gov/sites/default/files/gevedon_joseph-_filed_opn.pdf

Summary by the Court of Appeals:

The Defendant-Appellant, Joseph Gevedon, pleaded guilty to two counts of driving under the influence and to one count each of leaving the scene of an accident, violation of the financial responsibility law, and simple possession of marijuana. He agreed to serve an effective sentence of three consecutive terms of eleven months, twenty-nine days, with ninety-six hours in confinement and the remainder on probation. He also agreed to a special condition that a restitution hearing would be held at a later time. A violation of probation warrant was issued before the restitution hearing was held, and following a hearing, the trial court found that the Defendant violated the terms of his probation, revoked his probation, and ordered him to serve his sentence in confinement and to pay $30,490.76 as restitution. On appeal, the Defendant challenges the trial court’s order requiring him to serve his sentence in confinement and its restitution order. After review, we conclude that we are without jurisdiction to consider the merits of this appeal.

Order from TSC: State of Tennessee v. Gevedon

Issues Considered in the Appeal:

1. Whether a trial court’s judgment is final for purposes of Rule 3 of the Tennessee Rules of Appellate Procedure when the trial court orders restitution pursuant to Tennessee Code Annotated section 40-35-304 but does not specify a payment schedule for restitution.

2. Whether the trial court, in this case, abused its discretion by ordering the defendant to pay $30,490.76 in restitution without considering the defendant’s future ability to pay, after revoking the defendant’s probation and ordering him to serve three consecutive sentences of eleven months and twenty-nine days in confinement.

3. Whether the trial court erred by converting the judgment ordering restitution into a civil judgment without following the process prescribed by Tennessee Code Annotated section 40-35-304(h).

Permission to Appeal Granted: March 24, 2022

Appellants’ Briefs Filed: May 10, 2022

Appellees’ Briefs Filed: June 6, 2022

Appellants’ Reply Brief Filed:

Appellees’ Reply Brief Filed:

Amicus Briefs Permitted:  

Oral Argument Date: September 7, 2022

Link to Oral Argument Video: https://www.youtube.com/watch?v=nUh_KgJhz8s

Date of TSC Opinion:  

Opinion of the TSC:   [insert link]

TSC Summary of the Opinion: