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State v. Canter

Court of Criminal Appeals of Tennessee, Nashville

June 10, 2019

STATE OF TENNESSEE
v.
RAYMOND DANA CANTER

         Session: March 19, 2019

          Appeal from the Circuit Court for Dickson County No. 22CC-2016-CR-449, 22CC-2016-CR-452, 22CC-2016-CR-453, 22CC-2016-CR-455, 22CC-2016-CR-483, 22CC-2016-CR-484, 22CC-2016-CR-490, 22CC-2016-CR-506, 22CC-2016-CR-512 Suzanne Lockert-Mash, Judge.

         The defendant, Raymond Dana Canter, entered an open plea to ten counts of felony theft, one count of failure to appear, one count of simple possession of marijuana, one count of aggravated burglary, one count of felony vandalism, and two counts of evading arrest. The trial court sentenced the defendant to an effective sentence of thirteen years of incarceration in the Tennessee Department of Correction. On appeal, the defendant challenges the trial court's imposition of consecutive sentencing. Upon our review of the record, arguments of the parties, and pertinent authorities, we affirm the judgments of the trial court. However, we remand the case for a corrected judgment in 2016-CR-512.

         Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Circuit Court Affirmed and Remanded for Entry of Corrected Judgment

          Michael J. Flanagan, Nashville, Tennessee, for the appellant, Raymond Dana Canter.

          Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Ray Crouch, District Attorney General; and Sarah W. Wojnarowski, Assistant District Attorney General, for the appellee, State of Tennessee.

          J. Ross Dyer, J., delivered the opinion of the court, in which Norma McGee Ogle and Robert W. Wedemeyer, JJ., joined.

          OPINION

          J. ROSS DYER, JUDGE.

         Facts and Procedural History

         On April 11, 2018, the defendant entered an open plea to ten counts of felony theft, one count of failure to appear, one count of simple possession of marijuana, one count of aggravated burglary, one count of felony vandalism, and two counts of evading arrest, with sentencing to be determined by the trial court. A sentencing hearing was held on June 1, 2018.

         During the sentencing hearing, the State introduced the presentence report as well as the testimony of Detective Chad Fussell and Clayton Ellis. Detective Fussell with the Dickson Police Department testified he was an investigator on many of the defendant's cases, specifically several incidents between August 30, 2016, and September 5, 2016. Detective Fussell received a call about a truck stolen from the Dickson County Co-op sitting in the middle of Spring Street. The vehicle was swabbed for DNA and returned to its owner.

         A short time later, Detective Fussell was called to Pruett Electric, where a truck was stolen and driven through a fence surrounding the property. Detective Fussell then learned the defendant, while driving the stolen truck from Pruett Electric, had visited his girlfriend, Bonnie Cochran[1], and slashed the tires of a truck belonging to her father, Clayton Ellis. The Pruett Electric vehicle was later abandoned in Franklin, Tennessee.

         Investigator Zach Wolf with the Franklin Police Department contacted Detective Fussell and informed him that a Dodge Ram was stolen from the same location the Pruett Electric vehicle was abandoned. The Dodge Ram was spotted in Dickson and a short pursuit ensued which was terminated due to public safety concerns. Later that evening, the stolen Dodge Ram was abandoned in the middle of the street outside the home of Mr. Ellis, and Mr. Ellis's truck, which had previously had the tires slashed, was stolen by the defendant. Mr. Ellis's truck was spotted by police the next day, and another pursuit was initiated. However, as before, the pursuit was terminated a short time later for public safety concerns. Mr. Ellis's truck was subsequently abandoned in a church parking lot.

         Finally, officers received a call from Berry Automotive about a vehicle parked in the parking lot with the lights on. Officer Mullins approached the vehicle, which had been stolen from the Dickson County Landfill, discovered the defendant asleep inside, and placed him under arrest. Officers located a loaded handgun inside the vehicle, and a stolen ATV was found in the bed of the truck. Detective Fussell spoke with the ...


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