STATE OF TENNESSEE v. IDA VERONICA THOMAS

The Defendant, Ida Veronica Thomas, pleaded guilty to theft of property valued at $60,000 or more, but less than $250,000. Pursuant to a plea agreement, the trial court ordered the Defendant to serve twelve years on community corrections and scheduled a subsequent restitution hearing. At the restitution hearing, the trial court ordered restitution in the amount of $151,385 to be paid at a rate of $75 per month. On appeal, among other issues, the Petitioner challenges the trial court’s payment schedule for the restitution, $151,285 at $75 per month for twelve years, which cannot be completed during the length of the Defendant’s sentence. The State concedes this is error and agrees that a remand is the appropriate remedy as to this issue. After reviewing the record, we conclude that restitution is appropriate in this case, but we remand for the trial court: (1) to order a presentence report as required by statute in restitution cases; and (2) to consider the Defendant’s financial resources, future ability to pay, and length of her community corrections sentence as it relates to a payment schedule for restitution.