State of Tennessee v. Jennifer May Mahaffey

Syllabus

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.