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State v. Adams3/31/2000
The appellant, Susan L. Adams, a/k/a Shannon Adams, referred herein as "the defendant," appeals as of right from a sentence imposed by the Williamson County Circuit Court confining her for six (6) months in the Williamson County Jail.
The defendant presents one appellate issue:
Whether the trial court erred in sentencing the defendant to six (6) months incarceration for committing the Class A misdemeanor offense of theft under $500.00
After a review of the entire record, briefs of the parties and applicable law, we AFFIRM the trial court's judgment.
BACKGROUND
On January 4, 1999, the defendant was arrested by security of Proffitt's Department Store at Cool Springs Galleria in Franklin, Tennessee, for concealing two (2) shirts and a coat without paying for the merchandise. The value of the items was four hundred five dollars ($405.00). On April 12, 1999, the defendant entered a plea of guilty to theft of property under $500. Under the terms of the plea agreement, the place of confinement would be the Williamson County Jail, and the trial court would impose a sentence and consider a request for suspension of sentence. On April 30, 1999, the trial court conducted a sentencing hearing, and, after listening to the testimony of the defendant, the defendant's mother, and reviewing exhibits, the court imposed a sentence of six (6) months in the county jail. The trial court denied probation. Mrs. Peggy Underhill, the defendant's mother, testified that her daughter's first DUI occurred in Kentucky two (2) weeks before the defendant's eighteenth (18th) birthday. The defendant lost her driver's license but was not put on probation. The defendant attended counseling at Pathfinders Alcohol Treatment Center near Gallatin, Tennessee, for thirty (30) days. Mrs. Underhill stated that the defendant enrolled in an interior design college in Atlanta, Georgia. She testified that the defendant was shot in the left shoulder while jogging in a park, and her gold necklace was stolen. Her daughter still suffers from this gunshot wound and has lost some use of her left arm. Mrs. Underhill stated that the defendant attempted suicide twice and sought treatment for depression at Parthenon Pavilion Hospital in Nashville, Tennessee, on two (2) occasions.
Mrs. Underhill testified that the defendant was in an abusive relationship with her previous boyfriend, and it was necessary for her daughter to obtain protective orders against him. While a protective order was in force, Mrs. Underhill stated that the defendant was in a restaurant in Nashville, Tennessee, when someone grabbed the defendant's hair from behind. The defendant turned around and struck the person with a glass. The assailant was the current girlfriend of the ex- boyfriend. Mrs. Underhill stated that the defendant was found guilty of aggravated assault and placed on probation for three (3) years. Mrs. Underhill testified that she was aware that the defendant had been arrested a total of four (4) times for DUI and that the defendant was on bond from a DUI arrest when she committed the theft offense. Mrs. Underhill was also aware of the forgery charges against the defendant but did not know the details. Mrs. Underhill testified that she did not know that the defendant was using an alias and stated that the defendant was living with her at the time of the theft and DUI offenses. The defendant testified that her mother's testimony was correct. She stated that her first DUI was two weeks before her eighteenth (18th) birthday and that she was treated as a juvenile and given a fine. The defendant stated that she moved to Atlanta, Georgia, where she was shot in the left shoulder, which affected her. She has re
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