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Posted by: Tanja Trezise on Oct 31, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael G. Hatmaker and Brent Gray, Jacksboro, Tennessee for the Defendant-Appellant, Billy J. Blankenship.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Wm. Paul Phillips, District Attorney General; and Michael O. Ripley, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

A Campbell County jury convicted the Defendant-Appellant, Billy J. Blankenship, of robbery, a Class C felony, and theft of property valued at $1000 or more but less than $10,000, a Class D felony. He received a sentence of four years for robbery and three years for theft, to be served concurrently in the Department of Correction. On appeal, Blankenship argues that the evidence is insufficient to support the convictions because the State failed to prove the particular allegations of the indictments. Upon review, we reverse and vacate the judgment for robbery, and remand for a new trial as to the robbery offense. The judgment for theft, however, is affirmed.