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Posted by: Landry Butler on Mar 19, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Herbert H. Slatery III, Attorney General and Reporter; Courtney N. Orr, Assistant Attorney General; Charme P. Allen, District Attorney General; and Ashley McDermott, Assistant District Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

Mark Stephens, District Public Defender; and Jonathan Hartwell (on appeal) and Christy Murray (at hearing), Assistant District Public Defenders, for the appellee, Michael Eugene Tolle.

Judge(s): WITT

In this appeal, the State challenges the trial court’s decision to apply the amended version of Code section 39-14-105, which provides the grading of theft offenses, to modify the class of the defendant’s conviction offense and the corresponding sentence following the revocation of the defendant’s probation. No appeal right lies for the State pursuant to either Tennessee Rule of Appellate Procedure 3, Code section 40-35-402, or Tennessee Rule of Criminal Procedure 35 under the circumstances in this case. Because we have concluded that the trial court exceeded its authority by the application of the amended version of Code section 39-14-105, however, we have elected to treat the improperly- filed appeal as a petition for the common law writ of certiorari. Accordingly, we vacate the order of the trial court and remand the case for proceedings consistent with this opinion.