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Posted by: Tanja Trezise on Mar 18, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

James O. Martin, III (on appeal) and Justin Johnson (at trial), Nashville, Tennessee, for the appellant, Charles B. Davis.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel Harmon, Senior Counsel; Victor S. Johnson, III, District Attorney General; Jeff Burks and Brian Ewald, Assistant District Attorneys General for the appellee, State of Tennessee.

Judge(s): WALLACE

A Davidson County jury convicted Defendant, Charles B. Davis, of one count of theft of property valued between $1,000 and $10,000, one count of theft of property valued under $500, and one count of employing a firearm during the commission of a dangerous felony. In addition, the Defendant pleaded guilty to one count of aggravated burglary but was acquitted of an additional count of aggravated burglary. The trial court sentenced the Defendant to an effective sentence of twenty years in the Tennessee Department of Correction as a Range II, persistent offender. On appeal, the Defendant asserts that: (1) the trial court erred in denying the Defendant?s motion for judgment of acquittal as to Counts 2 and 5 as there was insufficient evidence to support his convictions for theft of property and employing a firearm during a dangerous felony and (2) the trial erred when it denied his motion for new trial because the trial court failed to properly function as the thirteenth juror as the verdicts were against the weight of the evidence. After a thorough review of the record and applicable law, we affirm the trial court?s judgments.