State of Tennessee v. Perry A. March

The defendant, Perry A. March, appeals his jury-imposed, Davidson County Criminal Court theft conviction and his five-year sentence. In his appeal, the defendant claims that the convicting evidence was insufficient because of a variance between the indictment and the proof, that the trial court erred in denying his objection to the use of pattern jury instructions for theft, and that the court erred in enhancing his sentence. Claiming that the trial court did not enter an order to address the defendant’s timely motion for new trial, the State seeks dismissal of the appeal. We reject the State’s claim for dismissal, and because the proof supported the claim of theft, we affirm the conviction; however, we modify the sentence to three years.