State of Tennessee v. Jeremy Brian Poe

A Madison County jury convicted the defendant, Jeremy Brian Poe, of one count of theft of property greater than $10,000, but less than $60,000. On appeal, the defendant contends the evidence was insufficient to sustain hisconviction, and the trial court erred in sentencing the defendant as a Range III offender. Upon our review of the record, the parties’ briefs, oral argument, and the applicable law, we affirm the defendant’s conviction.However, following ourreview of the defendant’s sentence, we conclude the trial court erred in its application ofTennessee Code Annotated section 40-35-107(b)and in finding the defendant to be a Range III, persistent offender. Accordingly, the defendant’s Range III sentence requires reversal, and we remand this matter for resentencing.