State of Tennessee v. Montorius G. Herron

Case Number
W2009-02493-CCA-R3-CD

The defendant, Montorius G. Herron, stands convicted of identity theft, a Class D felony, and theft of property under $500, a Class A misdemeanor. The trial court sentenced him to eleven months, twenty-nine days in the county jail with a release eligibility of 75% for the misdemeanor conviction concurrent with twelve years as a career offender in the Tennessee Department of Correction with a release eligibility of 60% for the felony conviction. On appeal, the defendant argues that the evidence was insufficient to support his conviction for identity theft and the trial court committed plain error by not charging fraudulent use of a credit card as a lesser-included offense of identity theft. Following our review, we affirm the judgments of the trial court.

Authoring Judge
Judge J.C. McLin
Originating Judge
Judge Roy B. Morgan, Jr.
Case Name
State of Tennessee v. Montorius G. Herron
Date Filed
Dissent or Concur
No
Download PDF Version