State of Tennessee v. Daniel Lee Cook

The appellant, Daniel Lee Cook, pled guilty in the Williamson County Circuit Court to reckless burning, and the trial court sentenced him to eleven months, twenty-nine days to be served as thirty days in jail and the remainder on probation. The trial court also ordered the appellant to pay restitution in the amount of one hundred fifty dollars per month for five years. On appeal, the appellant claims that the State failed to prove the fair market value of the destroyed property and that the trial court erred by ordering a payment schedule that extended beyond the maximum statutory term of probation supervision that could have been imposed for the offense. We conclude that the evidence was sufficient for the trial court to determine the amount of the victim's loss. However, the trial court erred regarding the restitution payment schedule. Therefore, we reverse the judgment of the trial court and remand the case for further proceedings consistent with this opinion.