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Posted by: Tanja Trezise on Jun 30, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

James Roberts Potter, Clarksville, Tennessee, for the appellant, Tarojee M. Reid.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Dan Mitchum Alsobrooks, District Attorney General; and Suzanne M. Lockert-Mash and Sarah Whitney Wojnarowski, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): PAGE

Appellant, Tarojee M. Reid, pleaded guilty to theft of property valued at $1,000 or more but less than $10,000, and as part of the plea, the parties agreed to submit the issue of restitution to the trial court. Following the hearing, the trial court ordered that appellant pay $6,895 in restitution to the victim. Appellant now challenges that order on the following grounds: (1) the trial court failed to order a presentence report prior to the restitution hearing; (2) the trial court failed to make specific findings with regard to appellant?s ability to pay restitution; and (3) the trial court improperly included the value of property that was not listed in the indictment when some items of property were specifically listed. Following our review, we reverse the award of restitution and remand for another restitution hearing consistent with this opinion.