Current Pending Cases – Criminal
State of Tennessee v. Johnny Summers Cavin (Restitution Concern)
Style: State of Tennessee v. Johnny Summers Cavin
TSC Docket Number: E2020-01333-SC-R11-CD
Link to Court of Appeals Opinion: https://www.tncourts.gov/sites/default/files/johnny_cavin_cca_opinion.pdf
Summary by the Court of Appeals:
The Defendant-Appellant, Johnny Summers Cavin, entered guilty pleas to burglary and theft of property valued more than $2,500 but less than $10,000. He also entered guilty pleas to unrelated charges from a separate case. Pursuant to a plea agreement, the Defendant received concurrent sentences of two years and six months each on supervised probation, to be served consecutively to the sentences he received in an unrelated probation violation case. In a subsequent restitution hearing, the trial court ordered him to pay a total of $5,500 in restitution. On appeal, the Defendant contends that the trial court did not have jurisdiction to impose restitution and that, alternatively, the trial court erred in setting the restitution amount at $5,500, asserting that the victim’s pecuniary loss was not substantiated by evidence and that the amount is unreasonable based on the Defendant’s income. Upon review, we conclude that we are without jurisdiction to address the merits of the instant case, and the appeal is dismissed.
Order from TSC: Cavin Order
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 $5,500 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: April 25, 2022
Appellees’ Briefs Filed: May 24, 2022
Appellants’ Reply Brief Filed: June 14, 2022
Appellees’ Reply Brief Filed:
Amicus Briefs Permitted:
Oral Argument Date: September 7, 2022
Link to Oral Argument Video: https://www.youtube.com/watch?v=_9uptLFlaRQ
Date of TSC Opinion:
Opinion of the TSC: [insert link]
TSC Summary of the Opinion:
