STATE OF TENNESSEE v. DENTON JONES - Articles

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STATE OF TENNESSEE v. DENTON JONES

Posted by: Karen Belcher on Nov 13, 2019

Court: TN Supreme Court

Attorneys 1:

Robert L. Jolley, Jr., and Emma M. Steel (at trial and on appeal), Knoxville, Tennessee, and Jonathan Harwell and Sarah Parker (at pretrial motions), Knoxville, Tennessee, for the appellant, Denton Jones.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Andrée S. Blumstein, Solicitor General; Nicholas W. Spangler, Senior Assistant Attorney General; Charme P. Allen, District Attorney General; and Takisha Fitzgerald, Assistant District Attorney General, for the appellant, the State of Tennessee.

Judge(s): BIVINS

The State charged the Defendant, Denton Jones, with five separate misdemeanor thefts aggregated into a single felony count pursuant to Tennessee Code Annotated section 39- 14-105(b)(1) (2014) which provides that “[i]n a prosecution for theft of property, . . . the state may charge multiple criminal acts committed against one (1) or more victims as a single count if the criminal acts arise from a common scheme, purpose, intent or enterprise.” The Defendant proceeded to trial, and the jury convicted him as charged. The jury aggregated the values of the separate misdemeanor thefts as totaling more than $1,000 but less than $10,000. Accordingly, the Defendant was convicted of a Class D felony.1 The Defendant appealed, and the Court of Criminal Appeals affirmed the trial court’s judgment. We granted the Defendant’s application for permission to appeal in order to determine whether the separate misdemeanor thefts were properly aggregated into a single felony charge and whether the evidence sufficiently established that the separate thefts arose from a common scheme, purpose, intent, or enterprise. Answering both of these questions in the affirmative, we affirm the Defendant’s conviction.

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