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Posted by: Landry Butler on Aug 17, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

David A. Stuart, Clinton, Tennessee, for the appellant, Michael Dean Sexton.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Robert W. Wilson, Assistant Attorney General; Jared Ralph Effler, District Attorney General; and David Michael Pollard, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Defendant, Michael Dean Sexton, was convicted of one count of theft over $10,000 and one count of vandalism over $10,000. He received concurrent sentences of nine years for each count to be served on supervised probation. On appeal, Defendant raises the following issues: (1) Whether the trial court properly discharged a juror (Defendant’s Issues I and II); (2) Whether the State was required to make an election of offenses and whether the trial court properly declined to issue a jury instruction (Defendant’s Issues III and IV); and (3) Whether the trial court erred by permitting the name of the co-defendant to be redacted from the indictment and whether the trial court refused to allow Defendant to introduce a copy of the unredacted indictment into evidence. (Defendant’s Issues V and VI). After a thorough review of the record, we affirm the judgments of the trial court.