 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Pewitt6/14/2005
I. Facts
The Defendant pled guilty to one count of theft over $1000.00, a Class D felony, in case number II-CR03168, and, in case number II-11612, to one count of burglary, a Class D felony, and one count of theft over $500.00, a Class E felony. At the sentencing hearing, the Defendant's presentence report was admitted into evidence. Additionally, John Oden, one of the victims, testified that, at the time of this crime, he lived in Thompson Station, and he had a workshop about one hundred feet behind his home. He said that he learned that his workshop had been burglarized when he looked for a yard machine and could not find it. He testified that, at first, he thought that he had left the machine in the wooded area behind his home, but he could not find it. Oden testified that he then noticed that his drill, a circular saw, and a reciprocating saw were also missing. He realized that he did not leave these items in the yard. Oden testified that the following items were missing: a Stihl weedeater; a Milwaukee Sawzall; a Porter Cable skill saw; a Dewalt cordless drill; and a Stihl gas leaf blower. He said that the police eventually recovered all of the items except for the leaf blower. Oden testified that the leaf blower cost $184.00. He said that he did not know the Defendant, and he only learned that the Defendant was arrested when a police officer returned his tools. Oden testified that he had never had anything stolen from him before this incident. He said that he felt " retty uncomfortable" from this incident, and he worried that "it might happen again." Oden testified that he was surprised that the Defendant was not in jail, based on the Defendant's record. On cross- examination, Oden testified that he was aware that the Defendant pled guilty to a felony, and, although he wanted to see the Defendant go to prison, he agreed that being labeled a convicted felon was punishment.
George Wollas testified that the Defendant had worked for him, "on and off" for about three years. He said that, during this employment, the Defendant stole from him. Wollas testified that he was "hurt" by the Defendant, but he would not judge the Defendant. He said that he would have given the Defendant something if the Defendant had asked him. Wollas testified that the Defendant stole a tool used to dig trees from him that was worth about $1295.00, and he said that he did not have insurance for the equipment.
David Pratt testified that he prepared the presentence report. He said that, during his investigation of the Defendant, he determined that the Defendant was, at the time of the hearing, on misdemeanor probation and was in good standing.
On cross-examination, Pratt testified that the Defendant was on bond in Davidson County when he was arrested for at least one of the cases in Williamson County. He said that the Defendant was charged with telephone harassment based on calls the Defendant made to the Williamson County Criminal Justice Center. Pratt testified that, in 1990, the Defendant was originally charged with aggravated assault with a deadly weapon, but that charge was reduced to simple assault. He said that, although the presentence report said that the Defendant was fourteen at the time of the offense, that information was incorrect and he was unable to correct this before the sentencing hearing. Pratt testified that the Defendant was not a juvenile when he committed that offense.
Pratt stated that the Defendant was convicted of the following offenses: marijuana possession in 2002; telephone harassment in 1999; driving on a revoked license in 1996; DUI in 1996; evading arrest in 1996; driving on a revoked license in 1996; marijuana possession in 1995; DUI in 19
Page 1 2 3 4 5 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|