 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Standridge9/30/2003
I. Factual Background
The appellant was indicted by the White County Grand Jury on charges of theft of property valued under $500 and resisting arrest. A trial on those charges was held on September 17, 2001. At trial, Sandra Sparkman, an employee in the lawn and garden department of the Wal-Mart store in Sparta, testified that she saw the appellant at Wal-Mart on May 1, 2000. Sparkman stated that at 4:30 p.m. or 5:00 p.m., she noticed the appellant load merchandise on his truck. She knew the appellant had not purchased the merchandise from her department. Sparkman inquired about the merchandise, whereupon the appellant said, "Let's unload it. I"ll go pay for it and we'll load it back up." Among the items unloaded were two tables, ten chairs, and three umbrellas. After the merchandise was unloaded, the appellant "took off."
After the appellant left, Sparkman watched the parking lot from the "corral" outside the store when she was not at her register. During the ensuing two hours, she observed the appellant leave the shopping center and return four times, each time approaching closer to Wal-Mart. On the final occasion, Sparkman noticed the handle of a lawn mower and some potted plants in the back of the appellant's truck. Sparkman knew that the appellant had not purchased any items at her register in the lawn and garden department. Sparkman explained that at the time of the offense, customers were required to purchase lawn mowers in the lawn and garden department because certain paperwork had to be completed. Accordingly, Sparkman contacted management who in turn contacted the police.
Officer Roy Gooch of the Sparta Police Department responded to the call from Wal-Mart. Officer Gooch apprehended the appellant and returned the lawn mower to Wal-Mart. Sparkman and Brad Pendleton, the store's assistant manager, identified the lawn mower as belonging to Wal-Mart. Specifically, Sparkman stated that the lawn mower had the same bar code as other mowers at the Sparta Wal-Mart. However, she did not know if other Wal-Mart stores utilized the same bar codes. Sparkman also explained that Murray push mowers were the only mowers with handles sold by Wal-Mart. These lawn mowers were kept in front of the store and the mower recovered from the appellant was identical to the Murray push mowers sold by Wal-Mart. Moreover, Sparkman noted that the inventory reflected that two lawn mowers were missing from the Sparta Wal-Mart.
Sparkman did not recall seeing a lawn mower on the truck when the appellant unloaded the items from his truck following their first confrontation. Sparkman admitted that the lawn mower could have been on the truck at that time, but she maintained that she did not see it. Additionally, Sparkman conceded that she did not see the appellant load the lawn mower. She explained that she was not constantly watching the parking lot, and she would have had to step off of the sidewalk in front of the store to see the appellant load the lawn mower.
Officer Gooch testified that on May 1, 2000, he was called to the Wal-Mart store in Sparta regarding a theft. Upon arrival, Officer Gooch spoke with Pendleton. Pendleton identified the appellant, who was driving around the shopping center, as the offender. Officer Gooch, driving his marked cruiser and wearing his uniform, parked beside the appellant's vehicle. When he approached the appellant to discuss the accusation, Officer Gooch smelled alcohol on the appellant's breath and inside his truck. He also noticed a quart of beer with a broken seal in the floor of the appellant's truck.
Officer Gooch questioned the appellant about the items in the back of his truck. The appellant maintained that he ha
Page 1 2 3 4 5 6 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|