Preview:

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE
July 25, 2000 Session

STATE OF TENNESSEE v. MATTHEW SCOTT JOHNSTON
Direct Appeal from the Criminal Court for Roane County
No. 11624A E. Eugene Eblen, Judge
April 6, 2001
No. E1999-00496-CCA-R3-CD

A Roane County jury convicted the Defendant of theft of an automobile valued at greater than $1,000.00, a Cl ass D fel ony. He now appeals, arguing that the trial court erred in failing to instruct the jury on the lesser-included offense of unauthorized use of an automobile.  We conclude that the trial court erred in failing to instruct the jury on the requested lesser-included offense but that the error was harmless beyond a reasonable doubt.  Therefore, 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 JOSEPH M. TIPTON and JOHN EVERETT WILLIAMS, JJ., joined.
Joe Walker, District Public Defender; Walter B. Johnson, II, Assistant Public Defender (on appeal); and Roland Cowden, Assistant Public Defender (at trial); for the appellant, Matthew Scott Johnston.
Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; J. Scott McCluen, District Attorney General; and D. Roger Delp, Assistant District Attorney General; for the appellee, State of Tennessee.
OPINION

Facts
In 1996, Ronald Muecke owned a 1979 Porsche 928 automobile, which was advertised for sale in a Knoxville newspaper.  On June 7, 1996, the Defendant, Matthew Scott Johnston, contacted Muecke in response to the advertisement. The Defendant went to see the automobile at Muecke Marine and Tire in Roane County, Tennessee, where Muecke worked.  After some negotiati ng, Muecke agreed to sell the vehicle to the Defendant for $8,200.00, with the Defendant to pay $600.00 imm edi ate ly; $400.00 the next day; and the balance of $7,200.00 in three monthly payments of $2,400.00 each, beginning on June 30, 1996.  Muecke had his secretary prepare a

Download johnstonms.pdf

Tennessee Law