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Posted by: Tanja Trezise on Jun 3, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Matthew C. Rogers, Athens, Tennessee, for the appellant, Travis Nipper.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Steven Bebb, District Attorney General; and James Stutts, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): CRAFT

The appellant, Travis Nipper, was indicted for the Class D felony of Theft of $1,000 or more by the McMinn County Grand Jury. After a trial by jury, he was convicted of the Class E felony of Theft over $500 and was sentenced to one year in the Department of Correction. The appellant appeals his conviction and sentence, stating that his due process rights were violated when the trial court excluded defense evidence during trial that allegedly had been ruled admissible in a pretrial hearing, and that he had been improperly denied an alternative sentence to incarceration. We affirm the appellant's conviction and sentence.