# FILED January 6, 1999 Cecil Crowson, Jr. Appellate C ourt Clerk IN THE COURT OF CRIMINA L APPEALS OF T ENNESSEE AT KNOXVILLE NOVEMB ER SESSION, 1998 STATE OF TENNESSEE, ) C.C.A. NO. 03C01-9712- CC-00539 ) Appellee, ) ) ) ANDERSON COUNTY VS. ) ) HON. JA MES B. SCOTT,JR. TIMOTHY HUNLEY, ) JUDGE ) Appe llant. ) (Sentencing)

ON APPEAL FROM THE JUDGMENT OF THE CRIMIN AL COURT OF ANDERSON COUNTY
FOR THE APPELLANT : FOR THE APPELLEE : NANCY MEYER JOHN KNOX WALKUP Assistant Public Defender Attorney Generaland Reporter 101 South Main Street , Suite 450 Clinton, TN 37716 TODD R. KELLEY Assistant Attorney General 425 Fifth Avenu e North Nashvill e, TN 37243 JAMES N. RAMSEY Distri ct Attorney General JAN HICKS Assistant Distri ct Attorney General 100 North Main Str

eet, Suite 127 Clinton, TN 37716
OPINION FILED ________________________ AFFIRMED IN ACCOR DANCE W ITH RULE 20 DAVID H. WELLES , JUD GE-2- 

# ORDER

The Defen dant, Tim othy Hu nley, app eals as o f right pursu ant to Tennessee Rule of A ppellate P rocedu re 3(b). Defendant appeals the sentence imposed for his conviction upon g uilty plea to theft of property valued more than $1,000, a Clas s D felony. By the ter ms of his plea, Defendant agreed to a sentence of two year

s as a Range I standard offender, with the manner of service of the sentence to be determi ned by the trial j udge. Defendant contends thatthe trialcourt e rred by denyin g him probation or other al ternative sentence, r equiring him instea d to se rve his sentence in confinement. We find no abuse of the trial court’s d iscreti on and affi rm Defendant’s sentence.

Defendant pleaded guil ty to t hef t of a g enera tor valu ed at a pprox imate ly $1400. The victi m’s wife testifi ed at Defendant’ s probation hea ri ng that he “threatened to burn [t heir] home down” af ter he wascharge d with the th eft, and thatthe vict im and his wife had called t he sheriff’ s department “numerous times” because Defendanthad waited i n his car near their hous e or circl ed the house. Defendant denied these al legations ; however, the trial court found that Defendant lacked credi bilit

y. The record s uports thi s findi ng.

Defe ndan t’s presen tence re port reflects conviction s for theft of p roperty valued less than $500, public intox ication, res isting arres t, another thef t less t han $500, and a nothe r public intoxi cation in 1996 alone. In addit ion, the presentence report reveals that Defe ndant was convicted in 199 2 for DUI, dri v ing on suspended license , and p ublic intoxication . In 1986 Defendant was convi cted of-3-

reckless drivi ng and armed ro bbery, am ong oth er offens es for wh ich com plete informati on was u navaila ble. In 1 990, p resum ably wh ile serving his sentencefor robbery, Defendant was convicted of felony escape. Finally, the report indi cates, “Atthis t ime [Defendant]has two DUI char ges pending in Knox and Union Coun ti es as well as a charg e of poss ession o f alcohol o n TVA property
. ” According to the prese ntence report and testi mony at his probat ion hear ing, Defen dant wa s release d from th e state penitenti ary only five weeks priorto the theft at issue here.

Defendant has e xhibited an un willingn ess to com ply with th e laws of this state for nearl y half hi s life. We find no error i n the tri al court’ s denial of alternative sente ncing in this case. Based on a thorough readi ng of the record, the briefs of

the parti es, and the appl icable l aw, the judgment of the trial court is affirmed in accordance wi th R ule 20 of the Court of CriminalAppeals of Tennessee.

____________________________________ DAVID H. WELLES , JUD GE

CONCUR:

___________________________________ JAMES CU RWOOD WITT, JR. , JUD GE

___________________________________ L.T. LAFFER TY, S ENIOR J UDGE