IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON FILED
OCTOBER 1995 SESSION
November 29, 1995
Cecil Crowson, Jr.
Appellate Court Clerk
STATE OF TENNESSEE, )
)
APPELLEE, )
) No. 02-C-01-9503-CC-00089
)
) Dyer County
v. )
) Joe G. Riley, Judge
)
) (Theft Under $500)
DONNIE RAY MITCHELL, )
)
APPELLANT. )
FOR THE APPELLANT: FOR THE APPELLEE:
Clarence U. Cochran Charles W. Burson
Assistant Public Defender Attorney General & Reporter
208 Mill Avenue, North 450 James Robertson Parkway
Dyersburg, TN 38025-0742 Nashville, TN 37243-0493
(Appeal Only)
Cyril V. Fraser
Lyman Ingram Assistant Attorney General
Assistant Public Defender 450 James Robertson Parkway
208 Mill Avenue, North Nashville, TN 37243-0493
Dyersburg, TN 38025-0742
(Trial Only) C. Phillip Bivens
District Attorney General
OF COUNSEL: 115 Market, East
Dyersburg, TN 38024
G. Stephen Davis
District Public Defender Karen W. Winchester
208 Mill Avenue, North Assistant District Attorney General
Dyersburg, TN 38025-0742 115 Market, East
Dyersburg, TN 38024
OPINION FILED:________________________________
AFFIRMED PURSUANT TO RULE 20
Joe B. Jones, Judge
OPINION
The appellant, Donnie Ray Mitchell, was convicted of theft under $500, a Class A
misdemeanor, by a jury of his peers. The trial court sentenced the appellant to
confinement for eleven months in the Dyer County Jail.
One issue is presented for review. The appellant contends that the evidence
contained in the record is insufficient, as a matter of law, to support a finding by a rational
trier of fact that he was guilty beyond a reasonable doubt.
This Court has thoroughly reviewed the record, the briefs of the parties, the statute
proscribing this offense, and the case law that pertains to the issue presented for review.
It is the opinion of this Court that the judgment of the trial court should be affirmed,
pursuant to Rule 20, Tennessee Court of Criminal Appeals.
________________________________________
JOE B. JONES, JUDGE
CONCUR:
_____________________________________
PAUL G. SUMMERS, JUDGE
_____________________________________
WILLIAM M. BARKER, JUDGE