STATE OF TENNESSEE v. GEORGE CLEAVE - Articles

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STATE OF TENNESSEE v. GEORGE CLEAVE

Posted by: Azya Thornton on Jan 14, 2025

Court: TN Court of Criminal Appeals

Attorneys 1: Raven Prean-Morris, Assistant Public Defender – Appellate Division, Franklin, Tennessee (on appeal); Matthew C. Edwards and Kari I. Weber, Assistant District Public Defenders, Somerville, Tennessee (at trial) for the appellant, George Cleave.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Brooke A. Huppenthal, Assistant Attorney General; Mark E. Davidson, District Attorney General; and Falen Chandler, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): AYERS

Defendant, George Cleave, was convicted by a jury of theft over $1,000, but less than $2,500, a Class E felony. Following a hearing, the trial court sentenced Defendant as a Range I offender to two years, suspended to supervised probation with credit for time served and ordered Defendant to pay $2,500 in restitution. On appeal, Defendant contends the evidence is insufficient to support his theft conviction and that the trial court abused its discretion in determining the restitution amount because it was unsupported by any proof. Upon review of the entire record, the briefs of the parties and the applicable law, we affirm Defendant’s conviction but reverse the judgment of the trial court in part and remand for a new restitution hearing consistent with this opinion.

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