STATE OF TENNESSEE v. BRANDEN MICHAEL TOTH - Articles

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STATE OF TENNESSEE v. BRANDEN MICHAEL TOTH

Posted by: Amelia Ferrell Knisely on Mar 9, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Randall E. Reagan (on appeal), Morristown, Tennessee, and James T. Bowman (at trial), Johnson City, Tennessee, for the appellant, Branden Michael Toth.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Tony Clark, District Attorney General; and Ken Baldwin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Branden Michael Toth, appeals after a jury found him guilty of one count of theft of property valued at $60,000 or more and five counts of theft of property valued at $10,000 or more. Defendant was sentenced to an effective sentence of twelve years in incarceration. On appeal, Defendant challenges the trial court‘s failure to charge lesser- included offenses, the trial court‘s handwritten notations on the verdict forms, the trial court‘s failure to dismiss Count 4 of the indictment, the sufficiency of the evidence, and his sentence. After a review, we determine that the trial court dismissed the original Count 5, renumbered the remaining counts of the indictment (Count 7 became Count 6, Count 6 became Count 5) and submitted Count 4 to the jury on a lesser-included offense. Consequently, we affirm the convictions. On remand, the trial court should correct the judgment form in Count 3 to reflect a conviction of theft of property valued at $60,000 or more, hold a hearing on restitution, and correct the offense dates in Counts 5 and 6 to December 16, 2009 and January 2, 2010, respectively. Accordingly, the convictions are affirmed and remanded.

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