Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs February 26, 2019
from the Criminal Court for Hamilton County No. 295059 Barry
A. Steelman, Judge
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.
R. App. P. 3; Judgment of the Criminal Court
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.
Curwood Witt, Jr., J., delivered the opinion of the court, in
which Norma McGee Ogle, and D. Kelly Thomas, Jr., JJ.,
CURWOOD WITT, JR., JUDGE
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.
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