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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
Assigned on Briefs August 5, 2003

STATE OF TENNESSEE v. KEITH PETTIGREW
Direct Appeal from the Criminal Court for Shelby County
No. 01-00496-97 Joseph B. Dailey, Judge

No. W2002-02539-CCA-R3-CD - Filed September 4, 2003
A Shelby County jury convicted the Defendant for theft of property valued between $1,000 and $10,000 and burglary of a motor vehicle.  The trial court sentenced the Defendant as a Range III persistent offender to ten years of incarceration for the theft offense and five years of incarceration for the burglary offense, both sentences to be served concurrently.  The Defendant now appeals, contending that the evidence is insufficient to sustain his theft conviction. Finding no error, we affirm the judgment of the trial court.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed
ROBERT W. WEDEMEYER, J., delivered the opinion of the court, in which THOM AS T. WOODA LL and NORMA MCGEE OGLE, JJ., joined.
W. Mark Ward, Memphis, Tennessee (on appeal) and Mary K. Kent, Memphis, Tennessee (at trial) for the appellant, Keith Pettigrew.
Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Thomas E. Williams, III, Assistant Attorney General; William L. Gibbons, District Attorney General; and Steve Jones, Assistant District Attorney General, for the appellee, State of Tennessee.
OPINION

I. Facts
At midnight on August 27, 2000, James Johnson was working at a Flash Market Texaco Station (

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Tennessee Law