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The Tennessee Court of Criminal Appeals denied relief to a defendant ordered to pay $25 per month to his victim.

Defendant provided the trial court with documentation to establish that his total monthly income was $750, which he received as Supplemental Security Income (SSI). Defendant also received $50 to $60 in food stamps each month. Defendant testified that his monthly rent was $150. Defendant explained that Kingsport Electric Company was paying his electric bill for one year, but he would be responsible for it after that. Prior to receiving assistance from the electric company, Defendant paid $154 for his electric bill. Defendant estimated that he spent approximately $200 per month on groceries, $14 per month on loose tobacco, and $12 per month on alcohol. He testified that his phone bill was $20 per month, and he paid $47 per month on a loan debt with a remaining balance of $347.

Although on a fixed income

We cannot conclude that the trial court abused its discretion, especially in light of the trial court’s order that Defendant be allowed to pay restitution at the rate of $25 per month due to his limited finances, and in light of evidence that Defendant regularly purchased tobacco and beer, for which he estimated he spent $26 per month. Defendant is not entitled to relief.

(Mike Frisch)