State of Tennessee v. Elliot Arnaz Price

Defendant, Elliot Arnaz Price, was indicted by the Knox County Grand Jury for one count of burglary. After trial, a petit jury convicted Defendant as charged. The trial court classified Defendant as a career offender and sentenced him to an effective sentence of twelve years’ incarceration. On appeal, Defendant argues (1) the evidence was insufficient to support his conviction for burglary;(2) the trial court committed reversible error in violation of Tennessee Rules of Evidence 608 and 609 by admitting evidence of Defendant’s prior charge for burglary and of Defendant’s conduct underlying the burglary charge;(3)the trial court committed reversible error by classifying him as a career offender; (4)the trial court committed plain error in violation of Defendant’s confrontation rights by admitting the arresting officer’s affidavit from a prior theft case; and (5) the trial court committed plain error by improperly instructing the jury that the “without the consent of the property owner” element of burglary applied to Defendant’s “actions” rather than Defendant’s “entry” onto the victim’s property.2 After review, we conclude there are instances of error made by the trial court, but determine such errors were harmless and affirm the judgment of the trial court.