State v. Dye

OPINION

FONES, Justice.

We granted defendant’s Rule 11 application for permission to appeal to determine whether in light of Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983), the Court of Criminal Appeals erred in affirming the trial court’s revocation of defendant’s probation for failure to make restitution.

On 16 February 1981, defendant was indicted on a charge of fraudulent breach of trust. He was alleged to have appropriated to his own use gasoline products placed in his hands for consignment by the E.L. Morgan Company of Jackson, Tennessee. On 26 June 1981, defendant…