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Posted by: Brittany Sims on Jun 9, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Claudia S. Jack, District Public Defender; and Robert C. Richardson, Jr., Assistant District Public Defender, Columbia, Tennessee, for the appellant, Wendell Todd Duberry.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; T. Michel Bottoms, District Attorney General; and Brent Cooper, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): PAGE

Appellant, Wendell Todd Duberry, was convicted of theft of property valued at $1,000 or more but less than $10,000 and criminal trespassing. The trial court sentenced him as a multiple offender to eight years for the theft conviction and to thirty days for the criminal trespassing conviction. On appeal, appellant contends that (1) the trial court erred by allowing the State to present evidence of victims not named in the indictment; (2) the evidence was insufficient to support his convictions; (3) his sentence was excessive; and (4) the trial court erred in its instructions to the jury. Following our review, we affirm the judgments of the trial court.