IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
SEPTEM BER SESSION, 1997
FILED
STATE OF TENNESSEE, ) C.C.A. NO. 02C01-9611-CR-00390
September 19, 1997
)
Appellee, ) Cecil Crowson, Jr.
) Appellate C ourt Clerk
) SHELBY COUNTY
VS. )
) HON. JOSEPH B. DAILEY
KARL HAMILTON a.k.a. ) JUDGE
RANDOLPH PRUITT, )
)
Appellant. ) (Burglary)
ON APPEAL FROM THE JUDGMENT OF THE
CRIMINAL COURT OF SHELBY COUNTY
FOR THE APPELLANT: FOR THE APPELLEE:
W ALKER GW INN JOHN KNOX W ALKUP
Assistant Public Defender Attorney General and Reporter
201 Poplar, Suite 2-01
Memphis, TN 38103 GEORGIA BLYTHE FELNER
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
JOHN W. PIEROTTI
District Attorney General
DAVID HENRY
Assistant District Attorney General
Criminal Justice Complex, Suite 301
201 Poplar Street
Memphis, TN 38103
OPINION FILED ________________________
AFFIRMED PURSUANT TO RULE 20
DAVID H. WELLES, JUDGE
ORDER
The Defendant was convicted on a jury verdict of one count of burglary.
He was sentenced as a career offender to twelve years in the Department of
Correction. In this appeal he argues that the evidence introduced against him is
insufficient to support his conviction. W e disagree and affirm the judgment of the
trial court.
The proof showed that a Memphis public elementary school’s silent alarm
system activated at approximately 2:30 a.m. on June 16, 1995. Two police
cruisers promptly responded. As they arrived, the officers heard someone yell
“Police” and saw the Defendant running from a “cubbyhole” area at the back of
the school. He was apprehended immediately. He spontaneously told the
officers that it was not his idea to break into the school, and that some guys had
offered him some of the property for helping. In the “cubbyhole” area, a window
had been forced open. Some tools and food items were located near the
window. A television and a VCR belonging to the school were found in the
school’s playground area. No other suspects were found.
W e conclude that the evidence presented is sufficient to support the finding
by the trier of fact of guilt beyond a reasonable doubt. We further conclude that
no error of law requiring a reversal of the judgment is apparent on the record.
Based upon a thorough reading of the record, the briefs of the parties, and
the law governing the issues presented for review, the judgment of the trial court
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is affirmed in accordance with Rule 20 of the Court of Criminal Appeals of
Tennessee.
_______________________________
DAVID H. WELLES, JUDGE
CONCUR:
___________________________________
JOE B. JONES, PRESIDING JUDGE
___________________________________
JOE G. RILEY, JUDGE
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