State of Tennessee v. Charles R. Turner

The Appellant, Charles R. Turner, was convicted by a Davidson County jury of two counts of identify theft and sentenced to concurrent sentences of three years, with service of one year in confinement. In addition, Turner was ordered to pay restitution. On appeal, Turner raises four issues for our review: (1) whether the trial court erred by failing to suppress an in-court identification by a witness; (2) whether the evidence was sufficient to support his convictions; (3) whether the trial court imposed excessive sentences; and (4) whether the trial court erred in determining the amount of restitution. After review of the record, we conclude that the identification issue is without merit and the evidence is legally sufficient to support the convictions. Accordingly, we affirm the judgments of conviction. However, after review, we conclude that the trial court failed to sentence the Appellant in accordance with the 1989 Sentencing Act and to properly determine the Appellant’s ability to pay the ordered restitution. Accordingly, we remand the case for a proper determination of these sentencing issues.