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Posted by: Tanja Trezise on Jun 5, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Mark E. Tribble, Cookeville, Tennessee, for the appellant, John Edward Lewis.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Clark B. Thornton, Senior Counsel; Bryant C. Dunaway, District Attorney General; and Philip Hatch, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

The Defendant, John Edward Lewis, was convicted of vandalism of property valued at $1,000 or more but less than $10,000, a Class D felony. On appeal, the Defendant challenges the sufficiency of the evidence as to the value of the damaged property for the purposes of the grade of the offense and restitution. Upon review, we find that the evidence was insufficient to establish the value of the property damaged. Accordingly, we reverse the judgment of the trial court and modify the Defendant’s conviction to vandalism of property valued at less than $500, a Class A misdemeanor. The case is remanded for a hearing to determine the sentence and the amount of restitution.