Preview:

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE MARCH 1997 SESSION

FILED
April 24, 1997 Cecil W. Crowson Appellate Court Clerk

STATE OF TENNESSEE, Appellee, VS. JEFFERY L. RIGNEY and HERMAN EUGENE HALE, Appellants.

) ) ) ) ) ) ) ) ) )

NO. 01C01-9605-CC-00212 COFFEE COUNTY Hon. Gerald L. Ewell, Judge (Sentencing - Theft of Property Over $1,000)

FOR APPELLANT RIGNEY: JEFFREY K. SECKLER Seckler, Bramlett & Durard 724 North Main Street P.O. Box 967 Shelbyville, TN 37160

FOR THE APPELLEE: CHARLES W. BURSON Attorney General and Reporter MERRILYN FEIRMAN (brief) Assistant Attorney General 500 Charlotte Avenue Nashville, TN 37243 LISA NAYLOR (oral argument) Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 C. MICHAEL LAYNE District Attorney General KENNETH SHELTON Assistant District Attorney General 307 S. Woodland P.O. Box 147 Manchester, TN 37355

FOR APPELLANT HALE: ROBERT S. PETERS Swafford, Peters & Priest 100 First Avenue, S.W. Winchester, TN 37398

OPINION FILED:

AFFIRMED

JOE G. RILEY, JUDGE

OPINION

The appellants, Jeffery L. Rigney and Herman Eugene Hale, appeal the sentences imposed by the Circuit Court of Coffee County following their guilty plea to theft of property over $1,000. Both defendants were sentenced to four years, provided that upon the expiration of Rigney's service of nine (9) months and Hale's service of twelve (12) months in the county jail, they could serve the remainder of their sentences in the community corrections program. Both appeal the manner in which they are to serve their sentences, claiming that they should not be confined for any period of time. Appellant Rigney also asserts that a sentence of four (4) years is excessive and inappropriate under the 1989 Criminal Sentencing Reform Act. We disagree and affirm the judgment of the trial court.

I. BACKGROUND

Rigney and Hale, along with Jacob Hart, Steve Heifner and Franz Hickertz, were involved in a scheme to take merchandise from the Food Lion grocery store in Manchester. At that time all of the defendants were employees of that store, except Hale. For at least six weeks, Rigney, Hart, Heifner and Hickertz would smuggle merchandise from the store and then take that merchandise to Hale, who would store the goods in a warehouse or at his residence. Apparently, Hale would give a list to Rigney or Hart requesting certain items from the store. In his statement to the police, Rigney confessed that the items were taken for resale. All five defendants were indicted for theft of property over $10,000, a Class C felony. Subsequently, Rigney and Hale pled guilty to theft of property over $1,000, a Class D felony. Both were sentenced as Range I, Standard Offenders. Although the trial judge sentenced both to four (4) years, Rigney was required to serve nine (9) months in the county jail before being put on community corrections. Hale was ordered to serve twelve (12) months in the county jail before serving the remainder of his sentence on community corrections. Each defendant was also

2

required to pay $8,000 in restitution. Both are appealing their sentences.

II. REVIEW OF SENTENCING

This Court's review of the sentences imposed by the trial court is de novo with a presumption of correctness. Tenn. Code Ann.

Download rigneyjl.pdf

Tennessee Law