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Posted by: Tanja Trezise on Feb 21, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

A. Russell Brown, Lafayette, Tennessee, for the appellant, Kevin Gross.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Tom P. Thompson, District Attorney General; and Tom Swink and Javin Cripps, Assistant District Attorneys General, for the appellee, State of Tennessee.


A Macon County jury convicted the Defendant, Kevin Gross, of criminal responsibility for facilitation of burglary and theft of property. The trial court sentenced the Defendant as a persistent offender to concurrent terms of four years and eight years, respectively, in the Tennessee Department of Correction. On appeal, the Defendant argues that the trial court erred in ruling that, if the Defendant chose to testify, the State could use his prior conviction for burglary of an automobile to impeach his testimony under Rule 609 of the Tennessee Rules of Evidence. After thoroughly reviewing the record and applicable authorities, we find that the trial court did not err when it ruled that the State could impeach the Defendant with his prior conviction for burglary of an automobile. Accordingly, we affirm the trial court’s judgment.