State of Tennessee v. Allen Prentice Blye

The defendant, Allen Prentice Blye, was charged under two separate indictments with a total of fourteen offenses. The indictments were consolidated for trial and the defendant was convicted of all five counts contained in indictment number S41,733 and four counts contained in indictment number S41,774. The defendant was found not guilty on the remaining five charges contained in indictment number S41,774. The trial court imposed the following sentences: Indictment S41,733 Count 1 Theft over $10,000.00 (S. Loflin) 15 years at 45% Count 2 Felony evading arrest 6 years at 60% (consecutive) Count 3 Reckless endangerment 6 years at 60% (consecutive) Count 4 Driving on a revoked license 6 months (concurrent) Count 5 Leaving the scene of an accident 30 days (concurrent) Indictment S41,774 Count 2 Theft over $500.00 (Gafford) 6 years at 60% (consecutive) Count 4 Theft under $500.00 (S. Loflin) 11 months, 29 days (concurrent) Count 6 Theft over $500.00 (Carroll) 6 years at 60% (consecutive) Count 9 Theft over $1,000.00 (Mann) 12 years at 60% (consecutive) The effective sentence under indictment S41,733 is 27 years and the effective sentence under indictment S41,774 is 24 years. The trial court ordered the sentences under each indictment to be served consecutively, for a total effective sentence of 51 years. In this appeal, the defendant presents the following issues: (1) whether the trial court erred by refusing to sever certain of the offenses; (2) whether the evidence was sufficient to support the conviction for theft over $1,000; and (3) whether the sentence was excessive. Because the defendant was entitled to separate trials on some of the counts contained in indictment S41,774, and the error cannot be classified as harmless, the four convictions under that indictment must be reversed and remanded. The convictions and accompanying sentences under indictment S41,733 are affirmed.