All Content

Posted by: Tanja Trezise on Jul 29, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

John Phillip Parsons, Cookeville, Tennessee, for the appellant, Janet Lynn Jared.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Randy York, District Attorney General; and Beth Willis, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

Appellant, Janet Lynn Jared, was convicted of theft over $10,000. She was sentenced to six years, with the sentence to be served on probation if she paid restitution of over $82,000 to her victims. To satisfy the judgment, she sold the family farm, but the sale resulted in net proceeds of only about $48,000. The State subsequently filed a motion to order that the remaining amount of restitution be paid. After several hearings, the Criminal Court ordered that Appellant pay the remainder of her obligation at the rate of $500 a month. Appellant does not challenge the amount of restitution ordered by the Criminal Court, but she contends on appeal that the Court erred by ordering a payment schedule without considering her means and ability to pay, in violation of Tennessee Code Annotated section 40-35-304(d). The State asks us to dismiss this appeal because under Tennessee Rule of Appellate Procedure 3(b) there is no appeal as of right from a decision to modify the conditions of probation. We agree with the State. This appeal is dismissed.