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Posted by: Tanja Trezise on Oct 31, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Vanessa Pettigrew Bryan; Public Defender; Robert Wilson Jones, Assistant Public Defender; and Allison Rasbury West, Assistant Public Defender; Franklin Tennessee, for the appellant, Calvin Reid Quarles.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Kim Helper, District Attorney General; and Tammy J. Rettig, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Calvin Reid Quarles, Defendant, was convicted by a Williamson County Jury for theft of property valued over $500. After the denial of a motion for new trial, Defendant perfected this appeal. The following issues are presented for our review: (1) whether the trial court erred in giving the jury charge partially before and partially after closing arguments; and (2) whether the trial court erred by issuing a supplemental jury instruction. After a review of the applicable authorities and the record, we conclude that Defendant waived any challenge to the trial court’s completing the jury instructions after closing argument by acquiescing and by failing to raise the issue in a motion for new trial. Further, we conclude that the trial court did not commit error in answering a question posed by the jury during deliberations. Accordingly, the judgment of the trial court is affirmed.