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Posted by: Tanja Trezise on Nov 21, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Richard C. Strong (on appeal), Nashville, Tennessee; and Robert Vaughn (at trial), Nashville, Tennessee, for the appellant, Renita Elaine McDonald.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; David Findley, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Dina Shabayek, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Renita Elaine McDonald, was convicted by a Davidson County jury of theft of property valued at $1,000 or more but less than $10,000. As a result, the trial court sentenced her to eight years as a Range II, multiple offender, and denied all forms of alternative sentencing. After the denial of a motion for new trial, Defendant appeals, challenging the trial court’s decision to exclude testimony on the basis that it constituted hearsay, the sufficiency of the evidence as to the value of the property taken, and the denial of alternative sentencing. After our full review, we determine: (1) that the trial court did not err in allowing nontestimonial statements offered by a security officer from another officer while in pursuit of a shoplifter; (2) that the evidence was sufficient to support the conviction of theft of property valued at $1,000 or more but less than $10,000 where the testimony of the store’s loss prevention supervisor regarding identity and value was accredited by the jury; and (3) that the trial court’s denial of alternative sentencing was appropriate. Accordingly, the judgment of the trial court is affirmed.