Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs April 16, 2019
from the Circuit Court for Robertson County No.
74CC2-2018-CR-29 Jill Bartee Ayers, Judge.
Defendant, Tyson B. Dodson, pled guilty to burglary, failure
to appear, domestic assault, and vandalism valued at $1000 or
less. After entering a guilty plea, the trial court imposed a
sentence of three years, with eleven months and twenty-nine
days to be served in confinement and the remainder of the
sentence to be served under supervised probation. In
addition, the Defendant was ordered to pay restitution in the
amount of $999. On appeal, the Defendant contends that the
trial court abused its discretion by altering the terms of
the plea agreement and ordering restitution at the sentencing
hearing and that the Defendant was denied his constitutional
right to due process because the trial court failed to ensure
that the Defendant had notice that restitution would be
addressed at the sentencing hearing. Following our review, we
reverse the order setting the restitution amount and remand
for a restitution hearing, at which the trial court shall
consider Defendant's financial resources and ability to
pay and determine the proper amount and schedule of
restitution payments. In all other respects, the judgments
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
Court Affirmed in Part and Reversed in Part; Case
E. Nell, District Public Defender; and Rosemary Sprague,
Assistant District Public Defender, for the Appellant, Tyson
Herbert H. Slatery III, Attorney General and Reporter; Sophia
S. Lee, Senior Assistant Attorney General; John Wesley
Carney, Jr., District Attorney General; and Jason Christian
White, Assistant District Attorney General, for the appellee,
State of Tennessee.
Kelly Thomas, Jr., J., delivered the opinion of the court, in
which James Curwood Witt, Jr., and Camille R. McMullen, JJ.,
KELLY THOMAS, JR., JUDGE.
Defendant in this case was indicted on multiple offenses
committed between May 2017 and September 2017. On April 12,
2018, the Defendant pled guilty to burglary, failure to
appear, domestic assault, and vandalism. See Tenn.
Code Ann. §§ 39-14-103, -14-105, -14-402, -14-403,
-14-408. By agreement, the Defendant received concurrent
sentences for all four convictions, including a three-year
sentence for burglary, one-year sentence for failure to
appear, eleven months and twenty-nine days for domestic
violence, and eleven months and twenty-nine days for
vandalism. The trial court was to determine the
Defendant's manner of service. Because the Defendant only
raises the issue of restitution and notice of restitution in
his appeal, we will limit our discussion to the facts
pertinent to those issues.
sentencing hearing to determine the Defendant's manner of
service proceeded as follows. At the beginning of the
hearing, the trial court acknowledged the presentence report.
Prior to the beginning of testimony, the trial court referred
to the Defendant's plea agreement. As stipulated in the
agreement, the Defendant pled guilty on the aforementioned
charges with an effective sentence of three years. The trial
court asked if the Defendant understood that he would not
have the right to appeal his convictions but would have the
right to appeal the sentence. The Defendant answered in the
State's witness, Kathleen Noble, testified that the
Defendant resided with her for a "short time." Ms.
Noble testified that she owned a 1993 Ford F-150 truck that
was left to her upon her husband's death some five years
prior. Ms. Noble stated that in May 2017, the Defendant
"ripped out the wires of [her] brand new alternator and
[her] brand new starter. . . [and] [h]e took the freezer plug
out so when [she] went to drive it, it overheated and ruined
the engine." When questioned about her opinion regarding
the truck's monetary value, Ms. Noble stated that she
could not assign a value "because it was [her]
husband's truck and he loved that truck and that was
everything to [her] but [she] had somebody offer [her]
twenty-five hundred dollars for it." Ms. Noble testified
that this offer came three weeks before the Defendant
vandalized the truck.
addition, Ms. Noble asserted that on the same day, the
Defendant damaged a "lawn tractor" that she also
owned. Ms. Noble stated that the Defendant "put ammonia
in the gas tank and blew it up[.]" When asked about the
monetary value of the tractor, Ms. Noble testified that she
"paid fifteen hundred dollars and [she] sure didn't
get much work out of it[.]" It should be noted that the
indictment charged the Defendant with damage to a Ford F-150
truck, but not a lawn tractor. The lawn tractor was also not
mentioned at the guilty plea hearing.
cross-examination, Ms. Noble stated that she was not home
when the vandalism occurred. She offered no testimony as to
the value of the damage to the vehicle or the ...