Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs October 17, 2017
from the Circuit Court for Williamson County No. I-CR048746
Joseph A. Woodruff, Judge.
Defendant, Eric Todd Whitaker, Jr., entered nolo contendere
pleas to aggravated burglary, a Class C felony, and theft of
property valued at $1, 000 or more but less than $10, 000, a
Class D felony. See T.C.A. §§ 39-14-403
(2014) (aggravated burglary), 39-14-103 (2014) (theft of
property). The trial court sentenced the Defendant to
concurrent terms of four years and six months for aggravated
burglary and four years for theft of property. On appeal, the
Defendant contends that the trial court erred during
sentencing. We affirm the judgments of the trial court.
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
Vanessa Pettigrew Bryan, District Public Defender; and J.
Gregory Burlison, Assistant District Public Defender, for the
appellant, Eric Todd Whitaker, Jr.
Herbert H. Slatery III, Attorney General and Reporter;
Alexander C. Vey, Assistant Attorney General; Kim R. Helper,
District Attorney General; and Tammy J. Rettig, Assistant
District Attorney General, for the appellee, State of
H. Montgomery, Jr., J., delivered the opinion of the court,
in which D. Kelly Thomas, Jr., and Timothy L. Easter, JJ.,
H. MONTGOMERY, JR., JUDGE.
Defendant was indicted for one count of aggravated burglary
and one count of theft of property valued at $1, 000 or more
but less than $10, 000. The Defendant entered nolo contendere
pleas on September 29, 2016, and the plea agreement provided
that the Defendant would be sentenced as a Range I, standard
offender with the length and the manner of service to be
determined by the trial court. The guilty plea hearing
transcript is not included in the appellate record. A
sentencing hearing was held on December 16, 2016.
hearing, the presentence report was received as an exhibit
and reflected that the Defendant had previous convictions for
attempted aggravated burglary and thirteen misdemeanors. The
Defendant was sentenced to two years' probation for
attempted the aggravated burglary, and the report reflected
that the Defendant had four probation violations. The report
reflected that the Defendant pleaded guilty to evading
arrest, burglary, and two counts of aggravated burglary after
the current offenses were committed.
presentence report reflected that the Defendant was age
thirty, had three children, had graduated from high school,
and had previously attended ITT Tech and Middle Tennessee
State University. The Defendant reported alcohol use
beginning at age twenty-five, but he no longer used alcohol.
He reported no drug use.
victim testified that his home was burglarized by the
Defendant on April 10, 2014. The victim said that his
daughter went home after school and that his daughter called
him to report all of the drawers and doors were open in the
home, the lights were on, and a window was broken. The victim
said that he told his daughter to leave the home and that he
called the police. The victim stated that when he arrived
home, a neighbor told the victim he had witnessed a burglar
carrying the victim's safe from the home and driving away
in a gray Altima.
victim testified that his wife's heirloom jewelry and
silver, a safe, and his youngest daughter's cell phone
were stolen. The victim testified that he tracked his
daughter's cell phone through a location tracker
application and that the police found it in an Altima. The
victim said he traveled to Williamson County to identify the
victim stated that he wanted the Defendant to "pay"
for the harm he caused the victim's family and society.
The victim stated that he and his family lived in their dream
home when the burglary occurred, that ...