STATE OF TENNESSEE v. STEVEN SWINFORD - Articles

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Posted by: Landry Butler on Apr 17, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Judith Hamilton, Athens, Tennessee, for the appellant, Steven William Swinford.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Courtney N. Orr, Assistant Attorney General; Stephen D. Crump, District Attorney General; and Emily Petro, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): DYER

The defendant, Steven Swinford, pled guilty to vandalism of property in the amount of $1,000 or more but less than $10,000 (Count 1), vandalism of property in the amount of $10,000 to $60,000 (Count 2), burglary (Count 3), and vandalism of property in the amount of $60,000 to $250,000 (Count 4), for which he received an effective twelve-year sentence. The defendant now appeals the twelve-year sentence imposed by the trial court for his conviction in Count 4, arguing it to be excessive. Separately, the State challenges the trial court’s application of the criminal saving’s statute of Tennessee Code Annotated section 39-11-112 to the defendant’s vandalism conviction of Count 1 through the amended version of the theft statute of Tennessee Code Annotated section 39-14-105. Following our review, we affirm the trial court’s application of the criminal saving’s statute to Count 1 and the trial court’s sentencing in Count 4, but remand the case to the trial court for a hearing on the matter of sentencing as to Counts 1, 2, and 3.

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