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State v. Cuevas

Court of Criminal Appeals of Tennessee, Knoxville

May 20, 2019

STATE OF TENNESSEE
v.
ANTHONY HUMBERTO CUEVAS

          Assigned on Briefs February 26, 2019

          Appeal from the Criminal Court for Hamilton County No. 295059 Barry A. Steelman, Judge

         The defendant, Anthony Humberto Cuevas, appeals the Hamilton County Criminal Court's decision imposing consecutive sentences for his guilty-pleaded convictions of aggravated burglary and theft of property valued at $60, 000 or more but less than $250, 000. Discerning no error, we affirm.

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

          Blake F. Murchison, Chattanooga, Tennessee, for the appellant, Anthony Humberto Cuevas.

          Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Neal Pinkston, District Attorney General; and Jason Demastus, and Andrew Coyle, Assistant District Attorneys General, for the appellee, State of Tennessee.

          James Curwood Witt, Jr., J., delivered the opinion of the court, in which Norma McGee Ogle, and D. Kelly Thomas, Jr., JJ., joined.

          OPINION

          JAMES CURWOOD WITT, JR., JUDGE

         The Hamilton County Grand Jury charged the defendant, Anthony Humberto Cuevas, with aggravated burglary and theft of property valued at more than $60, 000 but less than $250, 000. Pursuant to a plea agreement, the defendant pleaded guilty as charged, and the State agreed for the defendant to be sentenced as a Range I offender. Otherwise, the sentence was to be determined by the trial court.

         At the plea submission hearing, the State summarized the facts giving rise to the charges:

[O]n or about March the 30th of 2015, officers with the Lookout Mountain Police Department were called regarding a theft from the 1100 block of East Brown Road in Lookout Mountain, Hamilton County, Tennessee.
The theft itself involved an aggravated burglary of a residence at that location belonging to Mr. and Mrs. Lowry Kline. Ultimately, from that location, their . . . Audi SUV was taken. . . . [A]lso there were other items taken from the home, including $200 cash, the victim's car keys, a wallet, some other items from just inside the home.
. . . .
Sometime later, . . . officers from the Sumner County Sheriff's Department were involved in a chase regarding ...

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