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State v. Cross

Court of Criminal Appeals of Tennessee, Knoxville

May 3, 2018

STATE OF TENNESSEE
v.
JOSHUA THIDOR CROSS

          Session December 19, 2017

          Appeal from the Criminal Court for Knox County No. 107165 G. Scott Green, Judge

          The State of Tennessee appeals the Knox County Criminal Court's imposition of an eleven months, twenty-nine days' confinement at 75% service for theft of property valued at more than $500 but less than $1000. See T.C.A. §§ 39-14-103 (2014) (theft); 39-14-105 (2014) (amended 2017) (grading of theft). On appeal, the State contends that the trial court erred by sentencing the Defendant pursuant to the amended version of the grading of theft statute that became effective after the commission of the offense. However, we have concluded that this court lacks jurisdiction to consider the issue because no appeal of right lies for the State pursuant to Tennessee Rule of Appellate Procedure 3 or Tennessee Code Annotated section 40-35-402. As a result, we dismiss the appeal.

         Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed

          Herbert H. Slatery III, Attorney General and Reporter; Jeffery D. Zentner, Assistant Attorney General; Charme Allen, Assistant Attorney General; and Kyle Hixson, Assistant District Attorney General, for the appellant, State of Tennessee.

          Mark E. Stephens, District Public Defender; Jonathan Harwell, Assistant District Public Defender (on appeal); Chris Irwin, Assistant District Public Defender (at trial), for the appellee, Joshua Thidor Cross.

          Robert H. Montgomery, Jr., J., delivered the opinion of the court, in which James Curwood Witt, Jr., and D. Kelly Thomas, Jr., JJ., joined.

          OPINION

          ROBERT H. MONTGOMERY, JR., JUDGE

         This case relates to the Defendant's December 1, 2016 guilty plea to two counts of theft of property valued at more than $500 but less than $1000. See id. §§ 39-14-103; 39-14-105. The two counts merged into a single count of theft by operation of law. Pursuant to the plea agreement, the trial court determined the length of the Defendant's sentence at a sentencing hearing.

         Guilty Plea Proceedings

         At the guilty plea hearing, the State's recitation of the facts was as follows:

Your Honor, if we were called to trial in this case we would call the witnesses listed in the indictment including the victim, Ronnie Moffett. He would testify that on June 3, 2015[, ] . . . [the Defendant] was at his home here in Knox County, Tennessee. [Mr. Moffett would testify] that [the Defendant] took a crossbow and a knife [from] Mr. Moffett's vehicle without his consent. Proof would further show that on the next day [the Defendant] pawned the crossbow at a pawn shop in LaFollette. The value of the crossbow and the knife would be proven to be $855.00.

         The State presented the plea agreement to the trial court and the following exchange occurred:

[THE STATE]: Judge, [the Defendant] is charged in a two count indictment in docket number 107165. These two counts are alternate counts -
THE COURT: Okay.
[THE STATE]: [O]f theft over $500.00 but less than $1, 000.00 occurring on . . . [June 3, 2015], a class E felony. [The Defendant] will be pleading guilty to the ...

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