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State v.Ealey11/15/1999
m. App., Knoxville, Jun. 4, 1997). In the present case, the jury acquitted the defendant of the burglary which resulted in the theft of Franklin's property, despite convicting him of the theft.
Based upon the proof adduced at trial and the presentence report, especially the defendant's prior theft conviction, we conclude that a maximum misdemeanor sentence to be served at 75% is an appropriate sentence.
Accordingly, the judgment of the trial court is affirmed.
JAMES CURWOOD WITT, JR., JUDGE
CONCUR:
GARY R. WADE, PRESIDING JUDGE
JERRY L. SMITH, JUDGE
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