Session July 1, 2015
Appeal from the Criminal Court for Knox County No. 103845 Hon. Steven W. Sword, Judge
Mark E. Stephens, District Public Defender; and Jonathan Harwell and Maya Sheppard, Assistant Public Defenders, Knoxville, Tennessee, for the appellant, Cassie C.
Herbert H. Slatery, III, Attorney General and Reporter, and John H. Bledsoe, Senior Counsel, Nashville, Tennessee, for the appellee, State of Tennessee.
John W. McClarty, J., delivered the opinion of the Court, in which D. Michael Swiney and Frank G. Clement, Jr., JJ., joined.
JOHN W. McCLARTY, JUDGE
The juvenile court magistrate entered an order adjudicating Cassie C. ("the Minor") as delinquent for aggravated burglary and theft over $1, 000. The Minor was placed on probation and was tasked with paying restitution in the amount of $9, 665 at the rate of $75 per month, beginning on August 1, 2014. Thereafter, the juvenile court judge confirmed the restitution order entered by the magistrate judge. The minor timely appealed to the Knox County Criminal Court.
A de novo hearing on the issue of restitution was held on September 19, 2014. The parties agreed at the hearing that the total amount of restitution owed was $9, 333, not $9, 665 as reflected in the original order. The Minor, who was 16-years-old at the time of the hearing, testified that she attends an alternative school and that her mother relied on social security disability as the family's sole source of income. The Minor claimed that she is unable to maintain employment because she does not have transportation. She stated that she worked at a flea market for one day but was unable to return due to lack of transportation. She asserted that she then sought employment at three fast food restaurants near her residence. Two of the restaurants did not respond to her inquiry, while someone at the third restaurant informed her that they were not hiring. She admitted that she had not attempted to offer her services as a babysitter or to solicit money in exchange for yard work. She explained that she did not know any families in the area and that she did not know how to use a lawnmower. She conceded that she had not asked her uncle, who mowed the lawn at her residence, how to use a lawnmower.
Following the hearing, the court affirmed the restitution order as ratified in the amount of $9, 333 but modified the payments to $50 per month. The court noted that any remaining balance was subject to collection as provided by law once the Knox County Juvenile Court no longer had jurisdiction over the Minor. This timely appeal followed.
We consolidate and restate the issue raised on appeal as follows:
Whether the trial court abused its discretion in setting the ...