IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE FILED
NOVEMBER 1997 SESSION
January 6, 1998
Cecil Crowson, Jr.
Appellate C ourt Clerk
STATE OF TENNESSEE, )
)
APPELLEE, )
) No. 03-C-01-9612-CR-00478
)
) Hamblen County
v. )
) James E. Beckner, Judge
)
) (Theft)
CHARLES DANA WOODRUFF, ALSO )
KNOW AS VICTOR W ALKER, )
)
APPELLANT. )
FOR THE APPELLANT: FOR THE APPELLEE:
D. Clifton Barnes John Knox Walkup
Office of the District Public Defender Attorney General & Reporter
1609 College Park Drive 500 Charlotte Avenue
Morristown, TN 37813-1618 Nashville, TN 37243-0497
Laura D. Perry Timothy F. Behan
Attorney at Law Assistant Attorney General
503 North Jackson Street 450 James Robertson Parkway
Morristown, TN 37814 Nashville, TN 37243-0493
C. Berkley Bell
District Attorney General
113-J W. Church Street
Greeneville, TN 37745
John F. Dugger, Jr.
Assistant District Attorney General
Hamblen County Justice Center
510 Allison Street
Morristown, TN 37814
OPINION FILED: _________________________________
AFFIRMED PURSUANT TO RULE 20
Joe B. Jones, Presiding Judge
OPINION
The appellant, Charles Dana Woodruff, also known as Victor Walker (defendant),
was convicted of theft in excess of $60,000, a Class B felony, and theft in excess of
$10,000, a Class C felony, by a jury of his peers. The trial court found that the defendant
was a standard offender and imposed the following Range I sentences: (a) a fine of
$25,000 and confinement for twelve (12) years in the Department of Correction for theft in
excess of $60,000, and (b) a fine of $10,000 and confinement for six (6) years in the
Department of Correction for theft in excess of $10,000. The sentences are to be served
consecutively for an effective sentence of eighteen (18) years. In this court, the defendant
presents five issues for review. He contends (a) the evidence is insufficient, as a matter
of law, to support his conviction for theft in excess of $60,000; (b) the evidence is
insufficient, as a matter of law, to support his conviction for theft in excess of $10,000; (c)
he, an African-American, was tried by an all white jury, thus denying him a fair jury trial by
his peers; (d) it was improper for the prospective jurors to hear a prospective juror say if
he was found guilty, he should receive the maximum sentence allowable by law; and (e)
the sentences imposed by the trial court are excessive. After a thorough review of the
record, the briefs submitted by the parties, and the law governing the issues presented for
review, it is the opinion of this court that the judgment of the trial court is affirmed pursuant
to Rule 20, Tennessee Court of Criminal Appeals.
The evidence in the record is clearly sufficient to support a finding by a rational trier
of fact that the defendant was guilty of both offenses beyond a reasonable doubt. Tenn.
R. App. P. 13(e).
There is no evidence contained in the record to establish a factual basis that the
defendant was tried by an all white jury. Tenn. R. App. P. 24(b). Moreover, there are no
references to the record or authorities cited in support of this issue. Tenn. R. App. P.
27(a)(7); Tenn. Ct. Crim. App. R. 10(b).
The statement made by the prospective juror was in response to a question
propounded by defense counsel. There was no request for a curative instruction, an
objection, or a motion for a mistrial immediately following the prospective juror making the
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statement in question. Thus, this issue has been waived.
The issue addressing the excessive nature of the sentences does not contain
references to the record or the citation of authorities in support of this issue. Tenn. R. App.
P. 27(a)(7); Tenn. Ct. Crim. App. R. 10(b).
_____________________________________________
JOE B. JONES, PRESIDING JUDGE
CONCUR:
______________________________________
PAUL G. SUMMERS, JUDGE
______________________________________
CURWOOD WITT, JUDGE
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