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Stump v. State

Court of Criminal Appeals of Tennessee, Nashville

April 29, 2015

GINGER ILENE HUDSON STUMP
v.
STATE OF TENNESSEE

Assigned on Briefs April 22, 2015

Appeal from the Circuit Court for Bedford County No. 17800 Franklin Lee Russell, Judge

Brian C. Belden, Shelbyville, Tennessee, for the Defendant-Appellant, Ginger Ilene Hudson Stump.

Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Robert James Carter, District Attorney General; and Richard A. Cawley, Assistant District Attorney General, for the Appellee, State of Tennessee.

Alan E. Glenn, J., delivered the opinion of the court, in which John Everett Williams and Roger A. Page, JJ., joined.

OPINION

ALAN E. GLENN, JUDGE

FACTS

The petitioner was indicted for twenty-six counts of forgery, pled guilty to seven of the counts as stated above, and the remaining nineteen counts were dismissed as part of the plea agreement.

On direct appeal, this court set out the facts resulting in the petitioner's convictions, as summarized by the State at the guilty plea hearing:

Sometime last year, it was believed that Mr. Stephen Stump and/or [the petitioner] went into a Play It Again Sports in Florida where they sold some items to Play It Again Sports and were given a check for those items by Play It Again Sports. They then took that check and altered the checks to say . . . S & J Hauling, I believe it was, or a J & J Hauling is what they made it, but . . . they left the tracking number as the same.
So, they simply changed, altered the business'[s] name, but left the tracking numbers the same. So, then they [came] to Tennessee, and we would show, then, Your Honor, that on February the 23rd of 2012, [the petitioner] took one of these altered checks into, on that particular day, Kroger and wrote a check, and filled that check out, put her name on it, and passed it at Kroger for the value of $496.14.
The State would then show that on March the 8th of 2012 -- okay, the check number on this one is 1534, [the petitioner] went into United Grocery Outlet and passed one of those checks, the altered checks, to the amount of $265. Then on March the 12th, check number 1565 was given to Kincaid's Furniture here in Shelbyville for $960.20. . . .
. . . .
Then Count 13, the State would say that on March the 13th, for check number 1566, [the petitioner] took one of the altered checks and passed it at Bedford Urgent Care in the amount of a hundred and fifty dollars. Count 17, on March the 14th, check number 1555, one of the altered checks, was passed at Roses for $299.79. And then on Count 19, on March the 15th, check number 1660, check was, one of the altered checks, was passed at Wal-Mart for $265.76. And then on ...

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