STATE OF TENNESSEE V. DARREN EUGENE FLESHMAN, ALIAS - Articles

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STATE OF TENNESSEE V. DARREN EUGENE FLESHMAN, ALIAS

Posted by: Tanja Trezise on Jun 18, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Mark E. Stephens (on appeal) and Scott Carpenter, Assistant Public Defender (at trial), Knoxville, Tennessee, for the appellant, Darren Eugene Fleshman.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Randall Nichols, District Attorney General; and Kenneth F. Irvine, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): BIVINS

Darren Eugene Fleshman, alias (“the Defendant”), was convicted of theft 1 of property of at least $10,000 but less than $60,000. Following a sentencing hearing, the trial court sentenced the Defendant to four years, suspended to supervised probation, and ordered him to pay restitution in the amount of $42,815.93. On appeal, the Defendant challenges the following: the trial court’s interpretation of the definition of “owner” under Tennessee Code Annotated section 39-11-106(a)(26) (2006); the sufficiency of the evidence at trial; and the amount of restitution imposed by the trial court. After a thorough review of the record and the applicable law, we affirm the Defendant’s conviction. We, however, vacate the trial court’s order of restitution and remand this matter for a new hearing as to the amount and manner of restitution.

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