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Posted by: Chandra Williams on Dec 9, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Joseph T. Howell (on appeal), Jackson, Tennessee, and Michael Ainley (at trial), Paris, Tennessee, for the appellant, Nicky Lowe Evans.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Senior Counsel; James G. Woodall, District Attorney General; and Brian Gilliam, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): OGLE

The appellant, Nicky Lowe Evans, pled guilty in the Madison County Circuit Court to two counts of theft of property valued $10,000 or more but less than $60,000, a Class C felony; four counts of theft of property valued $1,000 or more but less than $10,000, a Class D felony; and five counts of operating a home improvement business without a license, a Class A misdemeanor. After a sentencing hearing, the appellant received an effective sentence of ten years, eleven months, and twenty-nine days in confinement. On appeal, the appellant contends that the length and manner of service of his sentences is excessive. Based upon the record and the parties’ briefs, we conclude that the appellant’s conviction in count one, theft of property valued $10,000 or more but less than $60,000, must be reversed and the charge dismissed. The appellant’s sentences for his remaining convictions are affirmed. However, the judgments of conviction for counts seven through eleven reflect the incorrect convicted offense. Therefore, the case is remanded to the trial court for the correction of those judgments.