State of Tennessee v. Phyllis E. Hathaway

The petitioner, Phyllis Hathaway, appeals from the trial court’s order modifying her probation and setting her restitution. On appeal, the petitioner argues that the trial court erred in (1) imposing consecutive sentences and probation on December 7, 1989 because the judgments had become final; and (2) in determining restitution fourteen (14) years after the sentencing hearing. Following review, we conclude that the judgment expiration issue is without merit. In addition, we affirm the trial court’s modification of the petitioner’s probation. However, after review of the record, we conclude that the trial court failed to follow the criteria set forth in Tennessee Code Annotated section 40-35-304 when setting restitution. Therefore, regarding the issue of restitution, we reverse the judgment of the trial court and remand for a new sentencing hearing consistent with this opinion.