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Posted by: Tanja Trezise on Mar 29, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Drew Justice, Franklin, Tennessee (on appeal); and LaShawn A. Williams, Memphis, Tennessee (at trial), for the appellant, Bo W. Prendergast.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paduch Stempel, Assistant Attorney General; Kim R. Helper, District Attorney General; and Mary Katharine White, for the appellee, State of Tennessee.

Judge(s): WITT

A Williamson County Circuit Court jury convicted the defendant, Bo W. Prendergast, of one count of theft of property valued at over $10,000 but less than $60,000, see T.C.A. §§ 39-14- 103, -105(4) (2006), and the trial court imposed a sentence of 15 years’ incarceration as a Range III, persistent offender to be served consecutively to a previously imposed sentence. On appeal, the defendant challenges the sufficiency of the evidence to support his conviction and urges this court to conclude that the trial court committed plain error by excluding a State’s witness’s felony convictions for use as impeachment. Discerning neither a paucity in the evidence nor that substantial justice requires consideration of the alleged error, we affirm the judgment of the trial court.