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Posted by: Landry Butler on Feb 16, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Gregory D. Gookin, Jackson, Tennessee, for the appellant, David Troy Firestone.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Jerry Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

David Troy Firestone (“the Defendant”) pled guilty to burglary and theft of property. At a bench trial, the trial court found that the value of the stolen property was over $10,000. The trial court sentenced the Defendant to concurrent sentences of four years for the burglary conviction and to five years for the theft of property conviction as a Range I standard offender. On appeal, the Defendant argues that the evidence was insufficient to establish that the value of the stolen property exceeded $10,000, that he was improperly sentenced, and that the trial court erred in ordering the Defendant to pay $5,000 in restitution to Storage Town of America. After a thorough review of the record and case law, we affirm the Defendant’s convictions and sentences but reverse and vacate the trial court’s order of restitution to Storage Town of America.