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State v. Hatley

Court of Criminal Appeals of Tennessee, Jackson

November 14, 2017

STATE OF TENNESSEE
v.
TONY ANTHONY HATLEY

          Assigned on Briefs July 25, 2017 at Knoxville

         Appeal from the Circuit Court for Tipton County No. 8594 Joseph H. Walker, III, Judge

         The 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.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed

          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 Hatley.

          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.

          Alan E. Glenn, J., delivered the opinion of the court, in which Robert H. Montgomery, Jr., and J. Ross Dyer, JJ., joined.

          OPINION

          ALAN E. GLENN, JUDGE

         FACTS

         The 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 $54.88.
[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.

         The 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 ...


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