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Posted by: Chandra Williams on Oct 6, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Guy T. Wilkinson, District Public Defender; and Frankie K. Stanfill, Assistant Public Defender, for the appellant, Christopher Loyd Davis.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; Matthew Stowe, District Attorney General; and Joshua Turnbow, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Christopher Loyd Davis, was indicted for theft of property valued over $10,000. After a trial, Defendant was found guilty of theft. The jury verdict form reflects a conviction for theft of property valued over $1000 but less than $10,000, a Class D felony. The judgment form reflects a Class C felony theft conviction with a sentence of twelve years in incarceration as a Career Offender. After the denial of a motion for new trial, Defendant appealed, arguing that the evidence was insufficient to support the conviction, that the State failed to prove the value of the property, that the trial court erred in admitting hearsay evidence, that the trial court erred in denying a jury instruction on ignorance or mistake of fact, and that the trial court erred by having extrajudicial communication with the jury. After our review of the record and applicable authorities, we conclude that the judgments do not properly reflect the jury?s verdict. Therefore, we affirm the conviction and remand the case for entry of a corrected judgment.