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State v. Ballew

Court of Criminal Appeals of Tennessee, Nashville

March 9, 2015

STATE OF TENNESSEE
v.
JAMES ALLEN BALLEW

Assigned on Briefs December 16, 2014

Appeal from the Criminal Court for White County No. CR5363 Leon C. Burns, Jr., Judge

Billy K. Tollison, III, Sparta, Tennessee, for the appellant, James Allen Ballew.

Herbert H. Slatery, III, Attorney General and Reporter; Meredith DeVault, Senior Counsel; Randall A. York, District Attorney General; and Philip Hatch, Assistant District Attorney General, for the appellee, the State of Tennessee.

Thomas T. Woodall, P.J., delivered the opinion of the Court, in which John Everett Williams and Robert W. Wedemeyer, JJ., joined.

OPINION

THOMAS T. WOODALL, PRESIDING JUDGE

Guilty plea submission

There is no transcript in the record of the trial court's acceptance of Defendant's guilty plea. The guilty plea submission form contained in the technical record shows that Defendant pleaded guilty to theft of property valued at $500 or more but less than $1, 000.00, a Class E felony, on January 29, 2013. Defendant received a sentence of two years to be served on probation. The plea agreement provided that restitution would be determined at a hearing on a later date.

Restitution hearing

At the restitution hearing on August 13, 2013, Ronald Thompson, an employee of White County Lumber Company, testified that he discovered several motors were missing from the company. The motors were stolen by Defendant and taken to Cooper Recycling. Mr. Thompson obtained photographs taken of the motors at Cooper Recycling, as well as a list of items that Defendant had sold to Cooper Recycling.

Another employee of White County Lumber Company, Rex Holman, testified that he "roughly" determined the replacement value of the approximately 55 motors that were stolen to be $36, 953.00. He recovered some of the motors from Cooper Recycling. Mr. Holman testified that he bought back approximately 25 motors from Cooper Recycling "at scrap prices." The motors were "beat and banged, " and he paid $878.00 for them. Mr. Holman testified that, except for one motor, he did not have the serial numbers for the motors that were stolen, but he still recognized the ones recovered from Cooper Recycling as motors that were taken from White County Lumber. Cooper's Recycling provided Mr. Holman with a list of motors bought from Defendant. Defendant received $2, 254.00 in "scrap prices" for all of the motors he sold to Cooper's Recycling.

Defendant did not testify or offer any other proof at the restitution hearing.

At the conclusion of the hearing, the trial court took the matter under advisement. The court requested that the State provide an updated list of the motors White County Lumber recovered, and the court indicated that it would reduce the amount of restitution by the value of the motors recovered. The court stated, "And if you'll submit that to me, and [defense counsel] will have a chance to disagree with it, and then we'll come ...


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