IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs March 05, 2014 STATE OF TENNESSEE v. JIMMY GRIFFIN, JR. Appeal from the Circuit Court for Madison County No. 1323 Donald H. Allen, Judge

No. W2013-01774-CCA-R3-CD - Filed May 20, 2014

T HOMAS T. W OODALL, J., concurring in part and dissenting in part.

I respectfully dissent from that portion of the majority opinion which sets aside the order of restitution and remands for another hearing. I disagree that this is an appropriate case to observe “plain error” and would accordingly affirm the judgment of the trial court.

___________________________________ THOMAS T. WOODALL, JUDGE