State of Tennessee v. Terence Alan Carder

The defendant, Terence Alan Carder, appeals the order entered against him by the McNairy  County Circuit Court, ordering that he pay $80,000 in restitution. The defendant pled guilty to theft of property over $1000, a Class D felony, and was sentenced to two years of probation following the service of sixty days in jail. Additionally, the court ordered the defendant to pay $80,000 in
restitution at a rate of $1000 per month. On direct appeal, a panel of this court affirmed the  sentence but remanded the case to the trial court for reconsideration of the amount of restitution in light of the defendant’s ability to pay. On remand, the trial court, while acknowledging that the defendant would not be able to pay the entire $80,000 in restitution during the term of his sentence, nonetheless, entered an order that the amount of restitution ordered would remain at $80,000. However, the court did modify the terms of repayment to $100 per month. On appeal, the defendant again contends that, given his financial resources and ability to pay, the trial court erred in ordering him to pay $80,000 in restitution. We agree. Because it is unclear from the record exactly how many months the defendant has remaining on his sentence in light of his recent incarceration for a separate crime, we must again remand the case to the trial court with instructions to enter an order of restitution reflecting a total amount of $100 times the months remaining on the defendant’s sentence in which he is expected to pay.