All Content

Posted by: Landry Butler on Oct 5, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Craig P. Fickling, District Public Defender; and Allison R. West, Assistant Public Defender (on appeal) and Michael Auffinger, Smithville, Tennessee (at trial) for the appellant, David Roger Petty.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Bryant C. Dunaway, District Attorney General; and Stephanie Johnson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Defendant, David Roger Petty, was indicted for aggravated burglary and theft of property valued at $1,000 or more, but less than $10,000. Following a jury trial, Defendant was convicted as charged. The trial court ordered concurrent sentencing for an effective sentence of 15 years in confinement. In this appeal as of right, Defendant contends that: 1) the evidence was insufficient to support his convictions; 2) the trial court erred in sentencing him; 3) the trial court erred by allowing a State’s witness to testify last despite having been present during the testimony of the two preceding witnesses; and 4) the trial court erred by allowing the State to use evidence of Defendant’s prior theft convictions for impeachment purposes. Having reviewed the entire record and the briefs of the parties, we affirm the judgments of the trial court.