State of Tennessee v. Jennifer Murray Jewell

The Defendant, Jennifer Murray Jewell, entered a “best interest” guilty plea to one count of theft of property valued at over $60,000 in violation of Tennessee Code Annotated section 39-14-103, a Class B felony.  Pursuant to the plea agreement, the Defendant was sentenced to ten years of supervised probation, and the parties agreed that restitution would be set by the trial court at a subsequent hearing.  After considering the proof presented at the hearing, the trial court ordered the Defendant to pay more than $800 per month as restitution.  On appeal, the Defendant argues that the trial court failed to follow correct procedure or consider her ability to pay in calculating the amount of monthly restitution she would owe.  She also argues that the restitution award should be overturned because the State failed to prove the amount of the loss.  Because we conclude that the State introduced inadequate proof regarding the valuation of the loss, we reverse and remand for a new hearing on the issue of restitution.