FILED

January 6, 1999

Cecil Crowson, Jr.

Appellate C ourt Clerk

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE

NOVEMBER SESSION, 1998

STATE OF TENNESSEE, ) C.C.A. NO. 03C01-9712-CC-00539

)

Appellee, )

)

) ANDERSON COUNTY

VS. )

) HON. JAMES B. SCOTT, JR.

TIMOTHY HUNLEY, ) JUDGE

)

Appellant. ) (Sentencing)

ON APPEAL FROM THE JUDGMENT OF THE

CRIMINAL COURT OF ANDERSON COUNTY

FOR THE APPELLANT: FOR THE APPELLEE:

NANCY MEYER JOHN KNOX WALKUP

Assistant Public Defender Attorney General and Reporter

101 South Main Street, Suite 450

Clinton, TN 37716 TODD R. KELLEY

Assistant Attorney General

425 Fifth Avenue North

Nashville, TN 37243

JAMES N. RAMSEY

District Attorney General

JAN HICKS

Assistant District Attorney General

100 North Main Street, Suite 127

Clinton, TN 37716

OPINION FILED ________________________

AFFIRMED IN ACCORDANCE W ITH RULE 20

DAVID H. WELLES, JUDGE
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ORDER

The Defendant, Tim othy Hunley, appeals as of right pursuant to

Tennessee Rule of Appellate Procedure 3(b). Defendant appeals the sentence

imposed for his conviction upon guilty plea to theft of property valued more than

$1,000, a Class D felony. By the terms of his plea, Defendant agreed to a

sentence of two years as a Range I standard offender, with the manner of service

of the sentence to be determined by the trial judge. Defendant contends that the

trial court erred by denying him probation or other alternative sentence, requiring

him instead to serve his sentence in confinement. We find no abuse of the trial

court’s discretion and affirm Defendant’s sentence.

Defendant pleaded guilty to theft of a generator valued at approximately

$1400. The victim’s wife testified at Defendant’s probation hearing that he

“threatened to burn [their] home down” after he was charged with the theft, and

that the victim and his wife had called the sheriff’s department “numerous times”

because Defendant had waited in his car near their house or circled the house.

Defendant denied these allegations; however, the trialcourt found that Defendant

lacked credibility. The record suports this finding.

Defendant’s presentence report reflects convictions for theft of property

valued less than $500, public intoxication, resisting arrest, another theft less than

$500, and another public intoxication in 1996 alone. In addition, the presentence

report reveals that Defendant was convicted in 1992 for DUI, driving on

suspended license, and public intoxication. In 1986 Defendant was convicted of
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reckless driving and armed robbery, am ong other offenses for which complete

information was unavailable. In 1990, presum ably while serving his sentence for

robbery, Defendant was convicted of felony escape. Finally, the report indicates,

“At this time [Defendant] has two DUI charges pending in Knox and Union

Counties as well as a charge of possession of alcohol on TVA property.”

According to the presentence report and testimony at his probation hearing,

Defendant was released from the state penitentiary only five weeks prior to the

theft at issue here. 

Defendant has exhibited an unwillingness to comply with the laws of this

state for nearly half his life. We find no error in the trial court’s denial of

alternative sentencing in this case. Based on a thorough reading of the record,

the briefs of the parties, and the applicable law, the judgment of the trial court is

affirmed in accordance with Rule 20 of the Court of Criminal Appeals of

Tennessee.

____________________________________

DAVID H. WELLES, JUDGE

CONCUR:

___________________________________

JAMES CURWOOD WITT, JR., JUDGE

___________________________________

L.T. LAFFERTY, SENIOR JUDGE