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Posted by: Tanja Trezise on Jun 25, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Mark E. Stephens, District Public Defender; Emily A. Herbert (on appeal) and Kathryn Merwald (at hearing), Assistant Public Defenders, for the appellant, Lloyd Daniel Thompson.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Michael A. Meyer, Deputy Attorney General; Randall E. Nichols, District Attorney General; and Patricia Cristil, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

The defendant, Lloyd Daniel Thompson, pled guilty in the Knox County Criminal Court to theft of property valued at $10,000 or more but less than $60,000, a Class C felony, and was sentenced by the trial court as a Range I, standard offender to three years in the Department of Correction, suspended to supervised probation. The trial court also ordered that the defendant pay $40,000 in restitution to the victim. In a timely appeal to this court, the defendant argues that the evidence at the restitution hearing did not support the trial court’s determination of the victim’s losses and that the trial court erred in ordering him to pay $40,000 in restitution without considering his resources and future ability to pay. Following our review, we affirm the trial court’s finding that the victim suffered $40,000 in losses but remand for the trial court to determine the defendant’s current financial resources and future ability to pay restitution.