Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs at Knoxville November 28, 2017
from the Criminal Court for Davidson County No. 2015-B-871
Cheryl Blackburn, Judge.
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
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
S. Holiday, III, (at trial) and Nicholas Tuck McGregor (on
appeal), Nashville, Tennessee, for the appellant, Artt Tanner
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.
W. Wedemeyer, J., delivered the opinion of the court, in
which Thomas T. Woodall, P.J. and J. Ross Dyer, J. joined.
W. WEDEMEYER, JUDGE.
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.
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.
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.
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.
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 ...