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Posted by: Chandra Williams on Oct 5, 2015

Head Comment: With dissenting opinion.

Court: TN Court of Criminal Appeals

Attorneys 1:

Kim Nelson, District Public Defender; Walter Johnson and Harold D. Balcom, Jr., Assistant District Public Defenders, Kingston, Tennessee, for the Appellant, Kristy L. Poland.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; Russell Johnson, District Attorney General; and Bob Edwards, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): HOLLOWAY

Kristy L. Poland (“the Defendant”) pleaded guilty to theft of property valued at over $500 and was sentenced to one year suspended to supervised probation with restitution to be set by the trial court. After a hearing on the issue of restitution, the trial court ordered the Defendant to pay $8,100 in monthly installments of $75. On appeal, the Defendant argues that the trial court failed to consider her current financial resources and future ability to pay restitution. Upon review of the record and applicable law, we modify the trial court?s restitution order and remand the case for entry of a new restitution order.