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Posted by: Tanja Trezise on Jul 12, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

R.H. Stovall, Jr., Assistant Public Defender, Pulaski, Tennessee, for the appellant, Wesley Trent Reaves.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; Mike Bottoms, District Attorney General, and Doug Dicus, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

A Wayne County jury convicted Appellant, Wesley Trent Reaves, of theft of property worth more than $1,000 but less than $10,000. The trial court sentenced Appellant to eight years as a Range II, multiple offender. On appeal, Appellant argues that the evidence was insufficient to support his conviction because the State’s witnesses were mistaken or lied during their testimony at trial and that the trial court erred in imposing an eight-year sentence because it failed to apply a mitigating factor. We conclude that the evidence was sufficient to support the conviction and that the trier of fact is the sole arbiter of the credibility of the witnesses. We also determine that although the trial court erred in failing to apply the mitigating factor in question, Appellant’s criminal history more than supports the imposition of an eight-year sentence. Therefore, we affirm the judgment of the trial court.