State of Tennessee v. Jeffery Gordon Layhew

The Defendant, Jeffrey Gordon Layhew, pleaded guilty to leaving the scene of an accident and Driving Under the Influence (“DUI”), offenses which took place on different dates.  For the leaving the scene of an accident conviction, the trial court sentenced him to eleven months and twenty-nine days, to be served at 100%.  For the DUI conviction, the trial court sentenced the Defendant to eleven months and twenty-nine days, to be served at 100%.  The trial court ordered that the sentences be served consecutively for a total effective sentence of two years, at 100%.  On appeal, the Defendant contends that the trial court erred when it sentenced him to serve maximum consecutive misdemeanor sentences and when it failed to set a specific amount for his restitution.  The State agrees and asks this Court to remand the case to the trial court for resentencing.  After review, we agree with the parties that the trial court erred when it failed to make findings to support consecutive sentences and when it did not set a specific amount for restitution.  Accordingly, we vacate the Defendant’s sentences and remand the case to the trial court for resentencing.