Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs March 21, 2017
from the Criminal Court for Knox County No. 106529 G. Scott
Terry Trammell, was convicted of two counts of theft after a
jury trial. The trial court merged the two counts and
sentenced Defendant to a twelve-year sentence. On appeal,
Defendant challenges the trial court's denial of a
continuance and the sufficiency of the evidence. After a
review, we determine Defendant waived the issue with respect
to the continuance for failure to raise the issue in a motion
for new trial and failure to present an adequate record on
appeal. Additionally, we determine the evidence was
sufficient to support the conviction. Accordingly, the
judgment of the trial court is affirmed.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Nicholas W. Lee, Knoxville, Tennessee, for the appellant,
Herbert H. Slatery III, Attorney General and Reporter; Robert
W. Wilson, Assistant Attorney General; Charme P. Allen,
District Attorney General; and Takisha Fitzgerald, Assistant
District Attorney General, for the appellee, State of
Timothy L. Easter, J., delivered the opinion of the court, in
which John Everett Williams and J. Ross Dyer, JJ., joined.
TIMOTHY L. EASTER, JUDGE
was indicted by the Knox County Grand Jury in October of 2015
for two counts of theft of property valued at least $1000 but
less than $10, 000. Count One of the indictment alleged that
Defendant knowingly and unlawfully obtained tablet computers
from an Aaron's Sales and Leasing store without their
effective consent. Count Two of the indictment alleged that
Defendant knowingly and unlawfully exercised control over
tablet computers from Aaron's Sales and Leasing. Two days
prior to trial, Defendant filed a motion for a continuance on
the basis that a material witness, Jordan Edward Yarber,
could not be located.
to a minute entry in the technical record from Tuesday, April
5, 2016, the trial court held a hearing on the motion for a
continuance. The minute entry indicates that the trial court
heard proof and arguments of counsel and denied the motion.
There is neither a transcript from this hearing nor a formal
order disposing of the motion in the technical record.
matter proceeded to trial at which the general manager of
Aaron's Sales and Lease, Sam Hartness, testified. Mr.
Hartness was responsible for monitoring the store's
delivery area in the back of the store as well as watching
the area around the front desk.
9, 2015, Mr. Hartness had only been working at the North
Broadway store location for approximately six months but had
worked for the company for a longer period of time. At around
3:30 p.m., Mr. Hartness saw Defendant and several others walk
into the store and look around. Admittedly, Mr. Hartness was
busy because he was "short staffed that day" and he
was "going back and forth" between the delivery
area in the rear of the store and the showroom area in the
front of the store where customers were looking around. Mr.
Hartness did not witness Defendant and his companions leave
the store but noticed "ten, fifteen minutes" later
that they were gone. Mr. Hartness explained that it "was
probably the next day when [he] was reconciling our weekly
inventory [that he] realized that two of [the] tablets had
gone missing." Mr. Hartness recalled that the tablets
were last seen on the front counter of the store and had a
value of $549.99 each. Mr. Hartness explained that the
tablets were not new but had been rented by "about two
people" prior to their return to the store. The tablets
could not be located so Mr. Hartness "reviewed the video
cameras after talking to the associates to see if anybody had
moved them." On the video, Mr. Hartness identified
Defendant. He saw Defendant "approach the front counter
one of the times when [his] attention was not up front."
Defendant appeared to "reach over where . . . the two
tablets [were] laying, grab one of our monthly advertising
flyers, slip it over [the tablets], and tuck them under
his arm and walk out the front door." Mr. Hartness
filed a police report.
days later, Defendant returned to the store and asked about
"some merchandise." Mr. Hartness was able to get
Defendant's name and relay that information to the
police. Mr. Hartness identified Defendant from a photographic
did not present proof at trial. The jury found Defendant
guilty of two counts of theft. The trial court sentenced
Defendant as a Career Offender to twelve years on each count.
The trial court merged Count Two with ...