State of Tennessee v. Jennifer May Mahaffey

Defendant, Jennifer May Mahaffey, pled guilty to alternate counts of sale of
methamphetamine “over 0.5 grams” and delivery of methamphetamine “over 0.5 grams”1
in three cases, 20-027-2, 20-028-2, and 20-029-2. The trial court sentenced Defendant to
ten years imprisonment on each count, merged the alternate counts in each case, and ran
the ten-year sentences in two of the cases concurrently with each other, and the ten-year
sentence in the third case consecutively to the first two, for a total effective sentence of
twenty years confinement. The trial court also imposed fines totaling $6,100, and ordered
restitution in the amount of $563. On appeal, Defendant contends the trial court erred in
ordering restitution to the Henderson County Sheriff’s Department, in imposing fines and
restitution without determining her present and future ability to pay, and in imposing partial
consecutive sentences. After reviewing the record, the briefs of the parties, and the
applicable law, we discern no reversible error in the trial court’s imposition of partial
consecutive sentences, but we determine the order of restitution was in error. Therefore,
we affirm the sentences imposed by the trial court, vacate the orders of restitution, and
remand for entry of corrected judgments.