Assigned on Briefs December 6, 2016
from the Criminal Court for Shelby County Nos. 13-02653,
14-06122 Lee V. Coffee, Judge
Cannady ("the Defendant") pled guilty to one count
of theft of property valued at $60, 000 or more, three counts
of burglary, and one count of vandalism in the amount of $60,
000 or more in Case 13-02653 and vandalism in the amount of
$1, 000 or more in Case 14-06122 and received an effective
sentence of ten years in the Department of Corrections. On
appeal, the Defendant claims that the trial court erred in
denying probation or an alternative sentence. Discerning no
error, we affirm the judgments of the trial court.
R. App. P. 3 Appeal as of Right; Judgments of the Criminal
Benjamin B. Wilkins, Memphis, Tennessee, for the appellant,
Herbert H. Slatery III, Attorney General and Reporter;
Katherine C. Redding, Assistant Attorney General; Amy P.
Weirich, District Attorney General; and Alanda Dwyer,
Assistant District Attorney General, for the appellee, State
L. Holloway, Jr., J., delivered the opinion of the court, in
which Norma McGee Ogle and Robert H. Montgomery, Jr., JJ.,
L. HOLLOWAY, JR., JUDGE
Defendant pleaded guilty pursuant to a plea agreement to one
count of theft of property valued at $60, 000 or more, a
Class B felony; three counts of burglary, Class D felonies;
and one count of vandalism in the amount of $60, 000 or more,
a Class B felony, in Case 13-02653 and to vandalism in the
amount of $1, 000 or more, a Class D felony, in Case
14-06122. Pursuant to the plea agreement, the Defendant
received concurrent sentences of eight years for each of the
Class B felonies and two years for each of the Class D
felonies in Case 13-02653. The Defendant also received a
sentence of two years for the Class D felony in Case 14-06122
that ran consecutively to his sentences in Case 13-02653, for
an effective sentence of ten years with the manner of service
to be determined by the trial court.
hearing on December 8, 2015, the Defendant and co-defendant
Paul Brimhall entered guilty pleas pursuant to plea
agreements. Each defendant agreed to pay restitution in the
amount of $132, 439.51, which amount represented one-half of
the total damages to the victim. The State presented the
following factual basis for the plea:
Starting with the offense that [the Defendant and
co-defendant Brimhall are] both charged in, 13-02653, if that
matter had gone to trial, the State would have shown that on
February the 11th of 2015 -- 2013, I'm sorry -- officers
entered the enclosed property of PSC Nitrogen, which is here
in Memphis, Shelby County. It's a one hundred acre
industrial site. There was a Caterpillar that PCS had stored,
a front-end loader, in a warehouse. The Defendant [and
co-defendant Brimhall] entered that warehouse, stole the
Caterpillar, punched the ignition, drove it through the
fence, got it stuck in the property behind the business,
reentered the property, at which time they entered a
compressor building, took another machine that was located
there, which was a backhoe. A security guard observed that.
[The Defendant and co-defendant Brimhall] attempted to drive
that machine out, as well. Also, [the Defendant and
co-defendant Brimhall] destroyed the ignition on it trying to
get it going.
The security guard saw them [and] [a]ttempted to stop them.
During the course of this whole ordeal, [the Defendant and
co-defendant Brimhall] also broke into a substation building
that was on the property, and they took copper valued at over
a thousand dollars ($1, 000), which is hard to tell whether
stealing the equipment or the copper was the purpose of this.
But in any event, [the Defendant and co-defendant Brimhall]
took copper, and they took these two pieces of equipment.
Also, [the Defendant and co-defendant Brimhall] broke into
the three buildings that were located on the property.
As to [the Defendant]'s vandalism over a thousand,
14-06122, if that matter had gone to trial, on 6/4 of 2014,
William Cannady, who is the father of the Defendant, filed a
vandalism report in regards to his son. [Mr.
Cannady] said [the Defendant] was on probation and
had been exhibiting violent tendencies in the past month. Mr.
Cannady stated that [the Defendant] threw a ...