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State v. Swygert5/25/1999
actual value of the vehicle. She also testified that she had enhanced the value of the vehicle by installing special steering equipment necessary to perform her job duties as a rural mail carrier. However, the actual cost of that additional equipment is not contained in the record. The fact that she chose to purchase a brand new vehicle does not give her the right to ask that defendant be required to pay the entire amount of that cost.
For the foregoing reasons, we remand to the trial court for findings on the issue of restitution as required by Tenn. Code Ann. §40-35-304. The terms of restitution should be definitive and consistent. State v. Johnson, 968 S.W. 2d 883, 887 (Tenn. Crim. App. 1997). Upon remand, the trial court shall receive such further testimony as the parties might wish to offer.
CORNELIA A. CLARK
SPECIAL JUDGE
GARY R. WADE JUDGE
NORMA M. OGLE JUDGE
JUDGMENT
Came the appellant, Robert Patrick Swygert., represented by counsel and also came the attorney general on behalf of the State, and this case was heard on the record on appeal from the Criminal Court of Hamilton County; and upon consideration thereof, this court is of the opinion that there is reversible error in the judgment of the trial court.
Our opinion is hereby incorporated in this judgment as if set out verbatim.
It is, therefore, ordered and adJudged by this court that the judgment of the trial court is reversed, and the case is remanded to the Criminal Court of Hamilton Count for any necessary further proceedings consistent with the opinion in this cause.
Costs of this appeal will be paid by the State of Tennessee.
PER CURIAM
Gary R. Wade, Judge
Norma M. Ogle, Judge
Cornelia A. Clark, Special Judge
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