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State v. Horne

Court of Criminal Appeals of Tennessee, Nashville

February 27, 2018

STATE OF TENNESSEE
v.
ARTT TANNER HORNE

          Assigned on Briefs at Knoxville November 28, 2017

         Appeal from the Criminal Court for Davidson County No. 2015-B-871 Cheryl Blackburn, Judge.

         After a bench trial, a judge found the Defendant, Artt Tanner Horne, guilty of theft of property valued less than $500 and sentenced him to eleven months and twenty-nine days of unsupervised probation. The trial court also ordered that he stay away from Walmart, where the theft occurred, and continue with his mental health treatment. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction. After review, we affirm the trial court's judgment.

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

          Newton S. Holiday, III, (at trial) and Nicholas Tuck McGregor (on appeal), Nashville, Tennessee, for the appellant, Artt Tanner Horne.

          Herbert H. Slatery III, Attorney General and Reporter; Andrew C. Coulam, Assistant Attorney General; Glenn R. Funk, District Attorney General; Nathan Kristin McGregor, for the appellee, State of Tennessee.

          Robert W. Wedemeyer, J., delivered the opinion of the court, in which Thomas T. Woodall, P.J. and J. Ross Dyer, J. joined.

          OPINION

          ROBERT W. WEDEMEYER, JUDGE.

         I. Facts

         This case arises from an incident at Walmart wherein the Defendant was accused of stealing a toaster oven. The Davidson County grand jury indicted the Defendant for theft of property valued less than $500. The Defendant waived a right to a trial by jury and proceeded to a bench trial.

         During the Defendant's bench trial, the parties presented the following evidence: Amber Martin testified that she worked at Walmart in the loss prevention department at the time of this incident. When she was working on October 9, 2014, the Defendant came into the store, as could be seen in the surveillance video from the store that day. The video was entered into evidence. Ms. Martin said that she noticed the Defendant on the surveillance videos because he was looking around for cameras, so she began following him by camera through the store.

         Ms. Martin testified that the Defendant placed a toaster oven in his cart and paid for it. He left the store and then came back into the store a few minutes later. The Defendant then placed the same make and model toaster oven in his cart, along with some bananas. Ms. Martin said that the video surveillance showed the Defendant getting into a line, then putting the bananas in a random place on a shelf, and then exiting the store with the toaster oven in his cart. He was not seen paying for the toaster oven.

         Ms. Martin said that she watched the Defendant on surveillance video exit the first set of doors and then went to the front of the store to stop him. She approached him with another loss prevention associate. The Defendant was cooperative and returned to the store with her. The Defendant gave Ms. Martin his identification, and Ms. Martin copied some of the Defendant's information onto a reporting sheet. The Defendant asked her why she apprehended him, and she said for his unpaid toaster oven. The Defendant then pulled out a receipt for a toaster oven and said that he had paid for it. Ms. Martin said that she told the Defendant that his receipt was for the toaster oven he purchased earlier, and the Defendant said that he did not have to stay in the office and left with the toaster oven. Ms. Martin said that she was not "allowed" to stop the Defendant from leaving, but she had already called the police department and was hoping they would respond before he left. As the Defendant left, he expressed anger that Ms. Martin had made him "miss [his] bus." Ms. Martin said that the video footage showed the Defendant leave the store and get into a car.

         Ms. Martin said that when she saw the Defendant get into his car on the surveillance camera, she ran out to the car. She saw two toaster ovens in the ...


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