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State v. Ralph11/15/1999
JUDGMENT OF COURT OF CRIMINAL APPEALS REVERSED; JUDGMENT OF TRIAL COURT REINSTATED.
The sole issue in this appeal is whether the due process analysis delineated in State v. Anthony, 817 S.W.2d 299 (Tenn. 1991) bars the defendant's separate convictions for burglary and theft of the same automobile. The Court of Criminal Appeals, in a split decision, applied the due process analysis of Anthony and vacated the defendant's burglary conviction on the ground that it was essentially incidental to the theft of the car. One Judge Dissented and argued that the analysis adopted in Anthony does not apply in the context of this case. For the reasons that follow, we agree with the Dissenting Judge and hold that the analysis adopted in Anthony does not apply to bar the defendant's separate convictions of burglary and theft. Accordingly, the judgment of the Court of Criminal Appeals vacating the defendant's conviction of burglary is reversed, and the judgment of the trial court is reinstated.
BACKGROUND
At the time these offenses occurred, the defendant, Lawrence Ralph, Jr., was a resident of McMinnville, Tennessee. His father owned and operated a pool hall on Main Street in McMinnville. Mr. A.P. Ikeard was a patron of the pool hall. At approximately 4 p.m. on November 2, 1994, Mr. Ikeard left the pool hall with a neighbor to look at some dogwood trees. Mr. Ikeard drove his neighbor's car on this outing and parked his own car, a blue 1984 Ford LTD, behind the pool hall. Mr. Ikeard hid the keys to the car under the driver's seat and took with him the distributor wire to prevent anyone from driving the vehicle.
Later that evening, at about 9:30 p.m., a McMinnville police officer began following a blue 1984 Ford LTD after the officer observed the car run a stop sign and make a wide sweeping turn. The erratic driving continued, and when the officer activated his emergency lights, the vehicle sped away and fled at speeds in excess of ninety miles per hour. Eventually, the driver lost control of the vehicle, and the car hit a guardrail and stopped. The officer pulled alongside the car and recognized the defendant as the driver. Seeing the officer, the defendant exited the car, fled on foot, and refused to halt when ordered to do so by the officer. After a chase through the woods, another officer caught up to the defendant but the defendant resisted arrest and had to be subdued with pepper spray. The officers testified that the defendant smelled of alcohol and was unsteady on his feet when they apprehended him. Six empty beer cans were found in the automobile. The defendant refused to submit to field sobriety tests or a breathalyzer test.
When Mr. Ikeard returned home, having the intention of retrieving his car the next morning, he learned that his car was missing. He immediately reported his car as stolen and denied giving the defendant permission to use the vehicle. Mr. Ikeard testified at trial that his car had been in good condition and was worth approximately $2,500.
The defendant was charged in an eight-count indictment with burglary of an automobile, theft over $1,000, failure to yield to an emergency vehicle, misdemeanor evading arrest, resisting arrest, driving under the influence -seventh offense, driving on a revoked license-third offense, and violation of habitual traffic offender status. Eventually, the State dismissed the charge of third offense driving on a revoked license, and the jury found the defendant guilty of all the other charges.
The trial court approved the jury's verdict and imposed sentences on each of the convictions. Relying upon Anthony, the Court of Criminal Appeals, in a split decision, vacated the burglar
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