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Posted by: Tanja Trezise on Oct 25, 2013

Head Comment: With dissenting opinion.

Court: TN Court of Criminal Appeals

Attorneys 1:

Roger E. Nell, District Public Defender (on appeal), Clarksville, Tennessee; Ann M. Kroeger, Assistant District Public Defender (at trial), Springfield, Tennessee, for the Defendant-Appellant, David Allan Bohanon.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Meredith DeVault, Senior Counsel; John Wesley Carney Jr., District Attorney General; and Jason Christian White, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

The Defendant-Appellant, David Allan Bohanon, entered guilty pleas to three counts of theft of property valued at $1,000 or more but less than $10,000, Class D felonies. See T.C.A. §§ 39-14-103, -105. Pursuant to the plea agreement, he received an effective three-year sentence to be served on community corrections. In a subsequent restitution hearing, the trial court also ordered him to pay a total of $16,575 in restitution at a rate of $200 per month. On appeal, the Defendant-Appellant argues that the trial court erred by setting an unreasonable amount in restitution based on the evidence presented at trial and his ability to pay. Upon review, we reverse the trial court’s order of restitution and remand the case for a new restitution hearing.