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State v. Standridge9/30/2003
d purchased the lawn mower earlier that day at a Wal-Mart store in Cookeville, but he could not find the receipt. The officer noted that the appellant "was real nervous acting" and that he kept reaching around his seat despite the officer's warnings to keep his hands in plain sight. Because of the appellant's repeated failure to comply with his instructions, Officer Gooch instructed the appellant to get out of the truck. The appellant refused.
Officer Gooch then opened the door of the appellant's truck, grabbed the appellant's wrist, and pulled him from the vehicle. The appellant began struggling. Officer Gooch told the appellant that he was under arrest and pushed him against the truck, handcuffing his left wrist. The appellant broke free and ran toward the cruiser. Officer Gooch caught the appellant and pushed him against the cruiser. Officer Gooch remarked that " t that point he turned around and he had his hand on my holster. My gun was unsnapped." Because the appellant was twisting and squirming, Officer Gooch placed the appellant in a "pain compliance hold" or "choke hold." Three nearby firefighters assisted Officer Gooch in restraining the appellant. During the altercation, the appellant repeatedly stated, "I'm not being violent."
Officer Gooch noted that the back of the appellant's truck contained a large amount of garbage, a new Murray lawn mower, and some potted plants. Pendleton identified the lawn mower as the property of Wal-Mart, specifically indentifying the packaging and bar code on the lawn mower.
Brad Pendleton testified that he was the assistant manager of the Sparta Wal-Mart on May 1, 2000. That day, Pendleton was contacted by an associate regarding an attempted theft of merchandise. Following Officer Gooch's arrival, Pendleton identified the appellant as the perpetrator. The appellant's truck contained ten potted plants and a Murray push mower. Pendleton noted that the particular type of Murray push mower the appellant had in the back of his truck was sold exclusively by Wal-Mart. He further noted that the price of the Murray push mower was $99.96. Pendleton stated that the inventory list reflected that two mowers were missing from the Sparta Wal-Mart, and the appellant could not produce a receipt as proof of purchase for his lawn mower.
The appellant called Chad Drouillard as the sole witness for the defense. Drouillard testified that he saw the appellant in the parking lot of the Auto Zone store shortly before noon on May 1, 2000. The appellant offered Drouillard a potted tomato plant. The two men began talking, and the appellant told Drouillard that he had just bought a new lawn mower at the Wal-Mart store in Cookeville. Drouillard looked in the back of the appellant's truck and saw a " hrome handle, looked to be about a 20 inch cut lawn mower, Briggs and Stratton engine. Shiny new; it was new." Drouillard did not know the brand of the lawn mower, but he was certain that the handles of the lawn mower were chrome.
In rebuttal, the State recalled Officer Gooch. The officer testified that the handles of the lawn mower recovered from the back of the appellant's truck were "flat black, painted flat black." He also noted that the "deck of the mower was shiny red" and appeared new.
Based upon the foregoing proof, the jury convicted the appellant of theft of property valued under $500 and of resisting arrest. The trial court conducted a sentencing hearing and sentenced the appellant to eleven months and twenty-nine days incarceration for the theft conviction and to five months and twenty-nine days incarceration for the resisting arrest conviction, with the sentences to be served concurrently. The trial court immediately suspen
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