Assigned on Briefs July 25, 2017 at Knoxville
from the Circuit Court for Tipton County No. 8594 Joseph H.
Walker, III, Judge
Defendant, Tony Anthony Hatley, pled guilty to theft of
property valued at $1000 or more but less than $10, 000, a
Class D felony, and possession of drug paraphernalia, a Class
A misdemeanor, in exchange for an effective sentence of eight
years with the manner of service to be determined by the
trial court. Following a sentencing hearing, the trial court
imposed a sentence of confinement, which the Defendant now
challenges. After review, we affirm the sentencing decision
of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Michael Thorne, Lexington, Tennessee (on appeal); Bo G. Burk,
District Public Defender; and Melissa Downing, Assistant
Public Defender (at hearing), for the appellant, Tony Anthony
Herbert H. Slatery III, Attorney General and Reporter;
Zachary T. Hinkle, Assistant Attorney General; D. Michael
Dunavant, District Attorney General; and James Walter
Freeland, Jr., Assistant District Attorney General, for the
appellee, State of Tennessee.
E. Glenn, J., delivered the opinion of the court, in which
Robert H. Montgomery, Jr., and J. Ross Dyer, JJ., joined.
E. GLENN, JUDGE
Defendant was indicted in Case Number 8594 for theft of
property valued at $1000 or more but less than $10, 000, in
Count 1, and possession of drug paraphernalia, in Count 2.
The Defendant pled guilty to these counts, and the State
recommended a sentence of eight years served at 45% release
eligibility in Count 1 concurrent with a sentence of eleven
months and twenty-nine days in Count 2. A sentencing hearing
would be held to determine the manner of service of the
sentence. At the guilty plea hearing, the State recited the
facts it would have presented at trial as follows:
[O]n July 14, 2015, in Covington, Tennessee at approximately
8:26 in the evening, Officer Ginn with the Covington Police
Department responded to a shoplifting at Wal-Mart. Officer
Ginn met with the loss prevention officer. Loss prevention
officer, Mr. Young, advised that he had seen a suspect on
camera, later identified as [the Defendant], putting assorted
items into a car seat box. [The Defendant] opened the box and
removed the car seat and started to refill the box. Officer
Ginn observed by camera [the Defendant] remove security
sensors from one item in electronics. [The Defendant] then
proceeded to take the box to the infant section where he
placed multiple items in the box, which had a total value of
$1, 221.43. The car seat, which was removed, was valued at
[The Defendant] retaped the box using tape from the store.
[The Defendant] then placed the box back on the shelf and
attempted to exit the store. [The Defendant] was apprehended
at the grocery door entrance. They did show [the Defendant]
was with an unknown black female. Officer Ginn was unable to
make contact with the female.
[The Defendant] had a glass pipe back in his pocket at the
time of the stop. [The Defendant] admitted to smoking
heroin prior to being in Wal-Mart.
Defendant was also charged in two other indictments. In Case
Number 8595, the Defendant was charged with driving under the
influence ("DUI"), driving while license suspended,
introduction of contraband into a penal facility, and
possession of less than 0.5 grams of a Schedule II controlled
substance with intent to deliver. He agreed to plead guilty
to DUI, driving while license suspended, and simple
possession, with the sentence from that indictment to run
concurrently to the sentence in Case Number 8594. In
addition, the Defendant was indicted in Case Number 8733 for
failure to appear. He agreed to plead guilty to that charge
with a four-year sentence at 45% to run ...