State of Tennessee v. Dinnie Merel Robertson

The Defendant, Dinnie Merel Robertson, was indicted for one count of attempted first degree murder, a Class A felony; one count of felony reckless endangerment, a Class E felony; three counts of aggravated cruelty to animals, a Class E felony; two counts of vandalism valued at $1,000 or more but less than $10,000, a Class D felony; and one count of carrying a firearm with the intent to go armed, a Class C misdemeanor. See Tenn. Code Ann. §§ 39-12-101, -13-103, -13-202, -14-105, -14-212, -14-408, -17-1307. Following a jury trial, the Defendant was convicted of one count of misdemeanor reckless endangerment, a Class A misdemeanor; three counts of cruelty to animals, a Class A misdemeanor; one count of vandalism valued at $1,000 or more but less than $10,000; one count of vandalism valued at more than $500 but less than $1,000, a Class E felony; and one count of carrying a firearm with the intent to go armed. See Tenn. Code Ann. §§ 39-13-103, -14-105, -14-202, -14-408. The jury acquitted the Defendant of the felony reckless endangerment charge. Following a sentencing hearing, the trial court imposed a total effective sentence of four years. On appeal, the Defendant contends (1) that the trial court erred by instructing the jury on cruelty to animals as a “lesser-included” offense of aggravated cruelty to animals; (2) that the trial court committed plain error by taking his motion for judgment of acquittal “under advisement”; and (3) that the evidence was insufficient to sustain his convictions for misdemeanor reckless endangerment and both of the vandalism charges. The State concedes that the indictments charging aggravated cruelty to animals failed to charge an offense; therefore, the trial court lacked the authority to instruct the jury on cruelty to animals. Following our review, we affirm the Defendant’s convictions for misdemeanor reckless endangerment, both vandalism charges, and carrying a firearm with the intent to go armed. However, the Defendant’s convictions for cruelty to animals are reversed and dismissed.