Defendant, Branden Michael Toth, appeals after a jury found him guilty of one count of theft of property valued at $60,000 or more and five counts of theft of property valued at $10,000 or more. Defendant was sentenced to an effective sentence of twelve years in incarceration. On appeal, Defendant challenges the trial court‘s failure to charge lesser-included offenses, the trial court‘s handwritten notations on the verdict forms, the trial court‘s failure to dismiss Count 4 of the indictment, the sufficiency of the evidence, and his sentence. After a review, we determine that the trial court dismissed the original Count 5, renumbered the remaining counts of the indictment (Count 7 became Count 6, Count 6 became Count 5) and submitted Count 4 to the jury on a lesser-included offense. Consequently, we affirm the convictions. On remand, the trial court should correct the judgment form in Count 3 to reflect a conviction of theft of property valued at $60,000 or more, hold a hearing on restitution, and correct the offense dates in Counts 5 and 6 to December 16, 2009 and January 2, 2010, respectively. Accordingly, the convictions are affirmed and remanded.
Case Number
E2015-00022-CCA-R3-CD
Originating Judge
Judge Jon Kerry Blackwood
Case Name
State of Tennessee v. Branden Michael Toth
Date Filed
Dissent or Concur
No
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