Assigned on Briefs August 15, 2017
from the Circuit Court for Madison County No. 16-187 Roy B.
Morgan, Jr., Judge
Madison County jury convicted the Defendant, Calandra Clark,
of identity theft, forgery, driving on a revoked license, and
violation of the seat belt law. The Defendant pled guilty to
an additional count of driving on a revoked license as a
prior offender, and the trial court imposed an effective
sentence of four years. On appeal, the Defendant argues that
the evidence is insufficient to sustain her convictions for
identity theft and forgery and that her sentence is improper.
Upon review, we affirm the judgments of the trial court.
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
Court for Madison County Affirmed
Morton Googe, District Public Defender, and Jeremy B.
Epperson, Assistant District Public Defender, Jackson,
Tennessee, for the appellant, Calandra Clark.
Herbert H. Slatery III, Attorney General and Reporter;
Caitlin Smith, Assistant Attorney General; and Jody S.
Pickens, District Attorney General, for the appellee, State
Camille R. MCMULLEN, J., delivered the opinion of the court,
in which Thomas T. Woodall, P.J. and Robert L. Holloway, Jr.,
CAMILLE R. McMULLEN, JUDGE.
2, 2016, the Defendant was indicted by a Madison County Grand
Jury for identity theft, possession of marijuana with intent
to sell, possession of marijuana with intent to deliver,
possession of drug paraphernalia, forgery, driving on a
revoked license, driving on a revoked license as a prior
offender, and violation of the seat belt law. As relevant to
the issues raised by the Defendant in this appeal, the facts
adduced at the September 22, 2016 trial were as follows:
Robert Stevens of the Jackson Police Department testified
that, on September 27, 2015, at approximately 2:30 a.m., he
stopped the Defendant's car after he noticed that the
Defendant and a passenger were not wearing seat belts.
Officer Stevens approached the car and asked for the
Defendant's license, registration, and proof of
insurance. The Defendant told Officer Stevens that she did
not have any of the requested documents, that her name was
"Franchesca Beard, " and that her birthdate was
September 19, 1987. Officer Stevens entered the name and
birthdate in his system, which showed a valid license for
Stevens also testified that, during this time, he detected an
odor of marijuana and called for officer assistance. After a
second officer arrived, Officer Stevens re-approached the
Defendant and asked her to exit the car. The Defendant
refused to exit the car, cursed, yelled, and acted
"extremely belligerent" towards Officer Stevens.
Once the Defendant and the two passengers were eventually
removed, Officer Stevens searched the car and found a Crown
Royal bag containing 23.65 grams of marijuana, a digital
scale, and an unopened package of Swisher Sweets cigarillos.
Officer Stevens was unable to identify the two passengers in
the Defendant's car, and one of the passengers fled while
he was searching the car. A dashcam video of the
Defendant's arrest was played for the jury.
Stevens testified that he wrote the name "Franchesca
Beard" on the evidence bags and that the Defendant
signed her name as "Franchesca Beard" on her seat
belt violation citation. After the Defendant was arrested and
booked, Officer Stevens learned that the Defendant gave him a
false name and birthdate. The name on the evidence bags was
updated, and Officer Stevens also re-issued a citation to the
Defendant in her real name and obtained her driver's
license history, which showed that her license was revoked.
The Defendant signed the re-issued citation with her real
Beard testified that she was the Defendant's cousin and
that her birthdate was September 19, 1987. Beard confirmed
that the Defendant was driving Beard's car when she was
arrested. Beard said that she was at a party with the
Defendant on the evening of September 27, 2015, and that she
was "under the influence" and could not recall
whether she allowed the Defendant to take her car. However,
Beard testified that she did not consent to the
Defendant's use of her name and birthdate.
jury found the Defendant guilty of identity theft, forgery,
driving on a revoked license, and violation of the seat belt
law and acquitted the Defendant of the three remaining drug
charges. The Defendant pled guilty to the additional count of
driving on a revoked license as a prior offender, which was
merged into the original count of driving on a revoked
license. The trial court imposed an ...